Definitions to Help You
“You” and “Your” means anyone who uses the website.
“Gourmet Gateway” or “We” or “Us” or “Our” means Gourmet Gateway whose registered office is at Level 24, 77 St Georges Tce, Perth Western Australia.
“Website” means gourmetgateway.com.au
1. Shopping Online with Us
1.1. To place an order on Our Website You must have a delivery address within Our delivery area and have a valid credit/debit card or PayPal account in Your name and which is acceptable by Us.
1.2. By registering with Us you agree that the details provided by you are correct and complete. You must inform Us immediately of any changes to the information that You provided on registration by updating Your personal details.
1.3. When You register You will create a password combined with your email address which You must use whenever You shop with Us. Please keep these in a safe place as You will be responsible for all activities and orders made under Your password and username.
1.4. By registering You are agreeing to become an Gourmet Gateway member and agreeing to the T&C’s. If You do not agree to these terms and conditions, then you may not use our online delivery service.
1.5. We reserve the right to decline a new customer registration or suspend Your account at any time and at Our sole discretion.
2. Price and Payment
2.1. When browsing the website the prices shown will be the prices available
2.2. Once You have logged in and selected Your delivery date the prices displayed will be the prices You will be charged (including any promotional offers which We will automatically deduct)
2.3. You will not be charged until Your order is ready for delivery. Payment will be taken on the day of delivery.
2.4. From 22 February 2017 there will be a minimum order value of $9 plus additional delivery charges as shown at the check out depending on the date and time selected for delivery. Free delivery will remain available for orders over $99.
2.5. Where applicable, prices shown will not include GST. The prices on the Website reflect the current rate and not necessarily the rate You will be charged on the day of Your delivery.
2.6. We accept payment from MasterCard, Visa Credit, Visa Debit, electronic vouchers with a valid code and a valid PayPal account. The address to which the card is registered must be the same as the billing address. The card used to confirm the order must be the same card used to complete the order.
2.7. As part of Our fraud checks we will contact Your card issuer to verify the debit or credit card details You have provided. We will ask Your card issuer to authorise $0 against Your card at the time You place Your order, the full cost of Your order will only be authorized just after midnight on the day of delivery. Neither of these authorizations are charges to Your card, Your card issuer will simply hold this amount but it will not be taken from Your account until the day of delivery when We have confirmed the final cost of Your delivery. We do not take any payments from Your account until the day of delivery.
2.8. We don’t accept cash, cheques, money off coupons, gift vouchers.
2.9. If, on the delivery date, We are unable to process Your card payment, We will contact You via email on the day of delivery to notify You that Your order has been cancelled.
2.10. The Website contains a large number of products. It is always possible that, despite Our best efforts, some of the products on our site may be incorrectly priced. If We discover an error in the price of the products You have ordered We will inform You by email of this error and We will give you the option of continuing to purchase the product at the correct price or cancelling Your order. We will not process Your order until we have Your instructions. If We are unable to contact You using the email address You provided during the order process, We will treat the order as cancelled and notify You of the same. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by You as a mispricing, We do not have to provide the products to You at the incorrect (lower) price.
3. The contract
3.1. You may only purchase products from the Website if You are at least 18 years old. By placing an order on the Website you are confirming that You are at least 18 years old and We are entitled to rely on that confirmation.
3.2. Once You have placed an order on the Website We will send You an email acknowledging Your order. This email is not confirmation that Your order has been accepted by Us. A legally binding contract will only arise once We have completed Delivery of the products to You. Once We have delivered the products to You, You will become the owner of the products. This means that You will have no legal liability in connection with Your order until the products have been delivered to You.
4. Our products
4.1. Our products aim to comply with your legal rights to be of satisfactory quality, to be fit for purpose and to match their description. These rights are known as your statutory rights.
4.2. The images of the products on the Website are for illustration only. Although We have made every effort to display the colours accurately, We cannot guarantee that your computer’s display of the colours accurately reflect the colour of the products. Your products may vary slightly from those images. The packaging of the products may vary from that shown on images on our site.
4.3. We do Our best to ensure that We have a wide range of products available every day but sometimes We run out of some products. If We run out of any products that You have ordered We will try to replace them with the same product of better value with no increase to the price You pay
4.4. You will only be charged for the products You have ordered and we will never replace unavailable products with products of a lower value or smaller pack size. If We are unable to supply any products, including any replacements, You will not be charged for the unavailable products.
4.5. We do not supply products for resale; all products supplied are for Your own use. We reserve the right to refuse any orders that We consider are for commercial or non-domestic purposes.
4.6. Some products, such as alcohol, can only be purchased by and delivered to customers above a certain age. Orders containing alcohol will be clearly marked.
5.1. We can only deliver to addresses within Australia, We check this automatically prior to registration. We will always aim to deliver Your products within the delivery slot that has been agreed with You. However delivery slots are subject to availability and We cannot accept any liability if Your products are delivered at a different time for reasons which are beyond Our reasonable control or if Your order is not complete. Next Day delivery is possible provided that You have reserved Your delivery slot by 10am and completed Your order by 2pm on the day before the delivery and delivery slots are available
5.2. You will own the products once we have delivered them to You. Please check all of the information on the product label carefully. If You have asked for the products to be delivered to a different address to where You live We are not liable for any damage to the products caused by them being delivered or taken to Your home address.
5.3. Our drivers will only deliver an order to an address if there is someone who is 18 years of age or over to sign for the delivery, drivers may ask to see a proof of identity. If there is nobody available to sign for the delivery We will leave notification of Our visit and will return the products to Our holding area. You will need to contact Us using the details left by the driver to arrange an alternate delivery slot.
5.4. We may cancel or change the date and time of delivery in the event of adverse weather conditions or any other event outside Our reasonable control, if this happens We will contact You as soon as possible to re-schedule Your delivery.
5.5. We will only deliver products purchased from Our Website and We will only deliver these products to Your door. Our drivers will assist where possible, but they are not obliged to enter Your premises. We reserve the right to refuse to deliver products in certain areas at any time.
6. Amending Your order
6.1. You can cancel or amend Your order at any time before 10pm on the day before Your order is due to be delivered.
6.2. If You are unhappy with the quality of any of the products We have delivered We will happily refund the money back to Your card or replace the products. All You need to do to exchange any products is to take them to one of Our drop points; the products should still be in the original packaging in a saleable condition, along with the receipt. If You would like to claim a refund for any of the products you feel were below Our usual high standards please contact Us by mailto: email@example.com online support team. Please complete the form outlining what products you are unhappy with and why and include Your order number. Our support team will be able to process Your refund within a timely manner of receiving Your completed form. In the event you are unhappy with a large number of the products supplied to You Our support team may ask you to take the products back to store or arrange a driver to come and collect the products before processing Your refund.
7. Cancelling Your order
7.1. You have a legal right to cancel an order at any time up to 14 working days (Saturdays, Sundays or public holidays are not included in this period) from the day after the day the products are delivered to You. This means that during the relevant period if You change Your mind or for any other reason You decide You do not want to keep a product, You can notify us of your decision to cancel and receive a refund. This right to cancel does not apply in the case of:
7.1.1. perishable products, such as fresh food or drink; and/or
7.1.2. items which cannot be resold for health and hygiene reasons once unwrapped (for example personal grooming products and certain baby products etc.);
7.2. To cancel an order please contact us in writing to tell Us or send Us an e-mail by visiting //gourmetgateway.com.au and clicking “Contact Us”. You will need to provide the email address registered with Your account and confirm the order number you wish to cancel.
7.3. You will receive a full refund of the price You paid for the order and any applicable delivery charges You paid for. We will process the refund due to You as soon as possible and, in any case, within 14 calendar days after the day on which We receive the products back from You or 14 calendar days after the day on which You gave us evidence of having sent the products back, whichever is sooner. We will refund You by the same method You used to pay for the order where possible.
7.4. You must take reasonable care of the products and store them in an appropriate manner i.e. frozen food products must be kept in a freezer. Other than products which are faulty or were otherwise misdescribed on the Website, We may require You to return products at Your cost. Products must be returned undamaged and in the original packaging. Your rights under consumer legislation for these products are not affected.
8. Special offers promotions and competitions
8.1. From time to time, and in Our complete discretion, purchases of products may be subject to special offers. These offers are available in the Australia only. In the event that such a special offer applies to Your order, the terms of such special offer shall be subject to these terms and conditions.
8.2. We may change the terms of special offers, or withdraw them altogether, at any time and without prior notice. Subject to clause 2.11, We will honor at the offer price any order placed by You before an offer ends, or is amended or withdrawn.
8.3. If You amend or cancel your order after the last day of a special offer as notified to You in the terms of the special offer, the standard price shall apply to the products in Your order.
8.4. We reserve the right to offer in Our complete discretion different customers different special offers, promotions and the ability to enter different competitions.
8.5 7 day deal We may offer 7 day deals from time to time as advertised on the Website. You may purchase a maximum of 4 products during the offer period and all deals are subject to availability, whilst stocks last. If You amend or cancel Your order after the last day of a special offer as notified to You in the terms of the special offer, the standard price shall apply to the products in Your order. Full delivery terms apply and delivery slots are subject to availability.
9. Our right to change these terms and conditions
9.1. We may change these terms and conditions from time to time
9.3. Whenever we change these terms and conditions, we will keep You informed and give You notice of this by stating that these terms and conditions have been amended and the relevant date at the top of this page.
10. Product information
10.1. We take great care to source the best products that we possibly can; this can involve produce being sourced from countries around the world. As a result You may receive the same product from a number of different countries at different times throughout the year.
10.2. When we select the products for Your order We select products with a reasonable amount of time left on the expiry date.
11. Our liability
11.1. Whilst We seek to supply You with the best quality products we cannot be liable for any indirect or consequential loss or damage or loss of profits or reliance You had in having the products delivered to You, arising out of Our supply or failure to supply the products to You.
11.2. Nothing in these terms and conditions will restrict Our liability for death or personal injury resulting from Our acts or omissions breach of contract or breach of statutory duty, nor will any of these terms restrict any of Your statutory rights.
For further information about Your statutory rights, contact your local Citizens’ Advice Bureau or Trading Standards office.
11.3. We will not be deemed to be in breach of contract or of these terms and conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, road traffic problems.
11.4. Other than as set out in clause 11.1, Our maximum liability arising out of any order for the supply of products to You will be limited to the price of the products contained in that order.
12. Other important terms
12.1. We may transfer our rights and obligations under any order to another organisation, but this will not affect Your rights or our obligations under these terms and conditions.
12.2. Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
12.3. All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in Us or Our licensors. You are permitted to use the material data and content only for Your personal use in placing orders through our site, and You may not otherwise copy, reproduce, transmit, publish, display, distribute, commercially exploit, use or create derivative works of any material data and content on the Website without Our prior written permission.
12.4. If We fail to insist that You perform any of Your obligations under these terms and conditions, or if We do not enforce our rights against You, or if We delay in doing so, that will not mean that We have waived our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that we will automatically waive any later default by You.
12.5. These terms and conditions regulate the supply of products to You by Us. Any other terms, conditions or representations (other than those made fraudulently or implied by statute) are excluded.
12.6. We may include links on our Website to other sites that are not controlled by Us; We are not responsible for the content of such websites.
12.7. These terms and conditions are governed by the laws of Australia. This means the purchase of products through the Website and any dispute or claim arising out of or in connection with it will be governed by the law in force in Australia. The courts of Australia will have non-exclusive jurisdiction
13. Further contact details
13.1. If you have any further comments or complaints about Our products or this service, please email us at firstname.lastname@example.org or use our feedback form. Please complete the form with your query.
13.2. We aim to resolve all complaints in as timely a manner as possible to the best outcome for both parties. In the event that You are not happy with the outcome of a complaint, You can pursue this matter via the foodstandards.gov.au.
This will ask You to complete the details of the complaint using the online form and they will contact Us in due course. The Foodstandards.gov.au website can be found //www.foodstandards.gov.au It is not compulsory for Us to participate in this dispute resolution process and we reserve Our right to assess this on a case by case basis.