Online Ordering Terms and Conditions
1. Introduction
1.1. This website www.homestylebake.com.au (“Website”) is owned and operated by Homestyle Bakeries Pty Ltd (ACN 009 873 027) (referred to in this Agreement variously as “Homestyle Bake”, “Homestyle”, “us”, “we” or “our”) and incorporates an online shopping facility enabling you to browse, select and order products advertised for sale on the Website by Homestyle Bake.
1.2. Please carefully read these terms and conditions before accessing or using the Website or placing an Order. By accessing and using this Website and when ordering products from us via this Website, you acknowledge that you have read, understood and agree to be bound by these terms and conditions and that you will be subject to and will comply with these terms and conditions (including our privacy policy).
2. You may contact us
You may contact Homestyle Bake by any of the following methods:
a. By telephone on 07 4687 5000;
b. By email to [email protected];
c. By post to 85-101 Warwick Street, Toowoomba QLD 4350; or
d. By completing and submitting any contact form provided on this Website.
3. We may contact you
3.1. You agree that we may contact you by any means of contact that you provide to us (including, without limitation, by email, telephone, SMS and post) in relation to any matter incidental to the provision of products and services supplied (or to be supplied) to you; and if you have consented to us doing so, in relation to any marketing or promotional matters (including newsletters and promotional communication).
3.2. If you wish to unsubscribe from any marketing or promotional communications from Homestyle Bake, you may contact us via any of the means of contact set out in clause 2 above and request to be excluded from any future marketing and promotional communications or you may use the unsubscribe function contained within any marketing or promotional email from us.
4. Registration and your account
4.1. We may (but we are not obliged) to require you to register as a customer via the Website before ordering Products on the Website.
4.2. We may require you to provide personal information including, without limitation, your full name, address, email address, telephone number and means of payment as part of our registration process.
4.3. You agree that any personal information that is provided to us may held and used by us in accordance with our privacy policy.
4.4. We may refuse to allow you to register as a customer or to place an Order at any time in our sole discretion.
4.5. You may not register as a customer and we may refuse to accept any Order from you if you or your billing or shipping address is outside of Australia.
4.6.
a. Upon acceptance of registration, we may issue you with a username or identification code and may require you to nominate a password to access your account (“user information”).
b. You must keep your user information confidential and must not store or record such user information without taking adequate steps to ensure such information is kept secure. You agree to be bound by and to be solely liable for any person that uses your user information to order Products through the Website. You must notify us immediately upon becoming aware of theft or any unauthorised use or disclosure of your user information.
c. You agree to release Homestyle Bake from liability for loss, costs, damages or expenses that may be incurred by you arising in connection with your failure to comply with clause 4.6 b.
4.7. We may cancel your registration as a customer at any time in our discretion.
4.8. You may cancel your registration as a customer any time by giving us written notice. You must pay any amounts owing to us immediately upon giving notice in accordance with this clause.
4.9. We may suspend or cancel any registration you may have as a customer or refuse to accept an Order from you at any time in our discretion, without obligation to give reasons for such suspension, cancellation or refusal.
4.10. In the event that you believe that an error has occurred in connection with your account; your user information; any charges rendered in connection with any Order; or for any other reason, you will contact us and notify us of the error as soon as possible after becoming aware of such error. You agree to promptly provide banking statements and other documentary evidence that we may require to enable any error or dispute to be properly investigated.
5. Placing an Order
5.1. Products can be ordered by selecting and submitting your Order through this Website.
5.2. Orders placed via this Website constitute an offer by you to purchase the particular Product(s) contained in the Order for the price stipulated on the Website (including any delivery charges and taxes) at the time the Order is placed.
5.3. We reserve the right to reject your Order for any reason in our discretion, including unavailability of the Product(s) ordered, any error in the price or the product description posted on the Website, the requested delivery location being outside of the delivery service area, or the rejection of your payment. If we elect to reject an Order, then we will notify you that your order has been rejected within a reasonable time after you submit your Order.
5.4. We will accept an Order by sending a confirmation of the Order to you by email (or such other means of communication we may elect to use from time to time). Any Order that we accept results in a separate binding agreement between you and us for the supply of the Products contained in that Order. For each accepted Order, we will supply the Products ordered in each Order to you in accordance with these terms and conditions.
6. Charges
6.1. We will charge to your nominated method of payment and you agree to pay, the following fees and charges in relation to an Order (as applicable):
a. the purchase price of each Product that is ordered;
b. if applicable, the Delivery Fee provided to you at the time you provide the relevant delivery information when placing your Order; and
c. the cancellation costs for an Order that is cancelled as set out in clause 11.3 b; and
d. any other fees and charges set out in these terms and conditions.
6.2. If payment is to be made by direct debit from your nominated bank account, you must ensure that such bank account has sufficient available funds to enable the transfer to occur. You must indemnify Homestyle Bake for any loss, costs or damages it incurs as a result of your failure to comply with this clause 6.2.
6.3. The purchase price of each Product is shown on the product list on the Website at the time you place your Order. The purchase price may vary from time to time and we shall not be required to provide you with any prior notice of such changes, but will not be varied in respect of any Products ordered in that specific Order once such Order has been accepted by us.
7. Payment methods
7.1. We may from time to time nominate acceptable methods of payment on the Website.
7.2. We currently accept the following methods of payment for Orders placed via the Website:
a. Visa and Visa Debit;
b. MasterCard and MasterCard Debit;
c. ANZ Payment Portal (Coming Soon).
7.3. If we are unable to successfully process your payment for your Order that is accepted by us, then we may notify you of dishonour and cancel your Order.
7.4. You authorise Homestyle to arrange for the amount that is payable for an accepted Order to be charged to your nominated payment method in accordance with clause 6.1.
8. Delivery of Products
8.1. We will only deliver Products ordered through the Website to a location where we provide delivery services (“delivery service area”). This Website contains further information on the current delivery service area coverage, delivery timeframes and how we deliver your Products.
8.2. We will notify you at the time your Order is accepted of the anticipated delivery timeframe for your Order. Except where an Order is a Fundraising Drive Order or a specific delivery date has been agreed between you and us, we will generally dispatch accepted Orders within three (3) business days of our acceptance. We reserve the right to amend the delivery timeframe by notifying you via any of the methods of contact stipulated in clause 3. You must ensure that you or another person over 16 years of age who is authorised by you to accept delivery of your Order on your behalf is available at the Delivery Address to accept the delivery of your Order during the anticipated delivery timeframe. If there is no person at the Delivery Address to receive the Order at the time of delivery, then:
a. we may elect not to deliver the Products you have ordered; and
b. we may charge you a fee for the cost of any perishable Products included in your Order that we determine may perish before delivery of your Order is re-attempted;
c. we will attempt to contact you or you may contact us to arrange an alternative delivery date and time and we may charge you an additional delivery fee for the replacement delivery (even if there was no delivery charge applicable to the original delivery).
8.3. We may (but we are not obliged to) require the person accepting the delivery of your Order to provide us with proof of identity (including photographic identification).
8.4. You warrant that any person at the nominated Delivery Address who accepts delivery of the Products is authorised by you to receive your Order and delivery to that person shall be deemed to fulfil our obligations to deliver the Products in accordance with the Order.
8.5. Although we do not specify a minimum order quantity or value, we may charge a Delivery Fee on orders below the minimum quantity or value that we specify from time to time. The Delivery Fee applicable to an Order will be displayed during the ordering process and will be shown as part of the total cost payable for the Order.
9. Fundraising Drive Orders and Delivery
9.1. If you wish to place an Order as part of a fundraising drive you must enter the Fundraising Drive Code during the ordering process. If you provide a Fundraising Drive Code when placing your Order, your Order will be deemed to be a Fundraising Drive Order for the purposes of this clause. If you fail to enter the Fundraising Drive Code at the time of placing your Order, your Order will not form part of a fundraising drive and will be treated as a standalone Order.
9.2. If your Order is a Fundraising Drive Order, your Order will be delivered on the date and to the Delivery Address stipulated by the Fundraising Co-Ordinator.
9.3. Notwithstanding any other provision in these terms and conditions, Fundraising Drive Orders will be deemed to be delivered when delivery of the Products ordered as part of a Fundraising Drive Order is made to the Fundraising Co-Ordinator or such other party as may be nominated by the Fundraising Co-Ordinator. To the extent permissible by law, Homestyle Bake will not be responsible for:
a. any loss or damage to the Products arising after delivery has been made to the Fundraising Co-Ordinator;
b. any loss, damage, liability or costs, including, without limitation, loss, illness, injury or death arising in connection with any improper storage and handling of Products once such products have been delivered by Homestyle Bake to the delivery address notified by the Fundraising Co-Ordinator;
c. distribution of the Products to individual customers from the bulk delivery of the Products delivered as part of the fundraising drive and such distribution must be arranged by the Fundraising Co-Ordinator.
9.4. Delivery fees may be charged in respect of fundraising drive Orders in accordance with the delivery fee rate negotiated between us and the Fundraising Co-Ordinator.
10. Risk and title
10.1. Risk in the Products passes to you on the date and time of delivery to the Delivery Address.
10.2. Title to the Products passes to you on the later of the date and time of:
a. payment for those Products is received by us; and
b. delivery of those Products to the Delivery Address (or if the Products form part of a Fundraising Drive Order, the date and time of delivery of those Products to the location nominated by the Fundraising Co-Ordinator).
11. Cancellation and Refunds
11.1. We may, in our discretion, cancel any Order or part of an Order (even if we have already accepted the Order) without any liability to you for cancellation if:
a. the requested Products or any ingredients required to manufacture a Product not available at any time; or
b. there is an error in the price or description of the Product posted on the Website; or
c. you breach any of the terms and conditions in this document.
11.2. If we cancel an Order other than as a result of your breach of these terms and conditions, we will provide you with reasonable notice of such cancellation, and you will not be charged for the cancelled Order. If any payment has already been received by us, then such payment will be refunded to you via the original payment method or such alternative means as we may determine. If we cancel an Order as a result of your breach, we will provide you with notice of such cancellation and we may charge you an amount that we determine reflects the cost to us arising in connection with the cancelled Order, together with an administration charge not exceeding $50.00.
11.3. You may cancel an Order:
a. except where an Order is for a value exceeding $200.00, by giving us notice not less than twenty-four (24) hours prior to our anticipated delivery date and time via any of the means of contact specified in clause 2;
b. if you wish to cancel an Order that is for a value exceeding $200.00 and/or you wish to cancel an order less than twenty-four (24) hours prior to the anticipated delivery date and time, you may only do so with the consent of Homestyle Bake, which may be granted or withheld in the discretion of Homestyle Bake. You may seek consent to cancel an order by contacting us via any of the means of contact specified in clause 2. If we consent to cancellation of any such order then we may charge you an administration charge not exceeding $50.00 plus the amount we reasonably determine to be the costs to Homestyle Bake arising from the cancellation including, the cost of any perishable Products that formed part of the cancelled Order.
11.4. If you cancel an Order in respect of which we have already received payment, then the amount paid to us less any cancellation costs pursuant to clause 11.3, will be refunded to your original payment method or through such alternative means as we may determine.
11.5. You shall inspect all Products delivered on the day of delivery and notify us of any alleged defect, shortfall in quantity delivered, damage or misdescription (“defects”) prior to close of our Office Hours on the day of delivery. If we advise you that we wish to do so, you must allow us to inspect any Products that you allege have a defect to enable us to ascertain whether or not such Products are defective. If we are satisfied (acting reasonably) that the Product(s) delivered contain a defect that has occurred prior to the passing of risk in such Products to you, then, we will:
a. replace the Product with a new equivalent of the same Product; or
b. refund the amount paid by you for the relevant Products(s), as we may elect in our discretion.
11.6. Due to the perishable nature of the goods and having regarding to food safety standards, we do not give refunds nor accept returns of Products that have been delivered in the event that you wish to return Product(s) because you change your mind or for any other reason other than the Products are delivered in a damaged state or are defective.
11.7. Any express warranties and return policies contained in these terms and conditions are in addition to and do not limit any other non-excludable rights to which you may be entitled under the consumer guarantees provisions of the Australian Consumer Law.
12. Liability
12.1. The Australian Consumer Law gives consumers rights in respect of goods and services that cannot be excluded under the Australian Consumer Law.
12.2. Notwithstanding any provision in these terms and conditions, you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.
12.3. To the extent we are permitted by law to do so, any liability by Homestyle Bake resulting from a breach of warranty (express or implied) or arising otherwise in connection with the supply of Products will be limited as follows:
a. If the breach relates to the Products, to the replacement of the Products or the supply of equivalent goods;
b. If the breach relates to the delivery service, to the re-supply of the delivery or the cost of having the deliveries supplied again.
These limitations don’t apply to any warranty implied by Australian Consumer Law or any other legislation that does not permit our liability to be limited.
12.4. To the extent permitted by law, you release and discharge Homestyle Bake from direct, special, indirect or consequential loss or damage (including loss of profits) arising out of or in connection with the subject matter contemplated by these terms and conditions.
13. Privacy policy
Our privacy policy is available on this Website and forms part of these terms and conditions. By placing an Order or providing your contact details to us, you acknowledge and agree to our privacy policy.
14. Your warranties
You warrant that:
a. all information and data provided by you via Website (including all address, telephone and other contact information) is true, accurate, complete and up to date;
b. you will check and confirm your address, telephone, email address and other contact information remains accurate, complete and up to date each time you place an order with us;
c. except with our express written consent, you will not resell any of the Products Ordered to any third party;
d. you have and will comply with all relevant laws relating to your use of the Website and your placement of any Order.
15. Changes to these terms and conditions
15.1. We may amend these terms and conditions at any time, without notice. Any amendment will be effective as soon as the amended terms and conditions are posted on the Website. If you place any order after an amendment of these terms and conditions has been posted on the Website, you agree to be bound by and to comply with the terms and conditions as amended. You should carefully review these terms and conditions each time place an Order.
15.2. If you have an accepted Order, the terms and conditions that will apply to such Order are the terms and conditions that applied at the time you placed your Order.
15.3. We may discontinue operation of this Website or any online ordering function contained on this Website at any time without prior notice.
16. General
16.1. If the whole or any part of a provision of these terms and conditions are void, unenforceable or illegal then such void, unenforceable or illegal part of these terms and conditions shall be severed without affecting the remainder of this agreement, which shall remain in full force and effect.
16.2. This agreement is governed by the laws of Queensland. Each party submits to the non-exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia. Any rights or remedies to which you are entitled 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.
16.3. Although we will use reasonable care to ensure that information, product descriptions and other content on this Website are accurate, we do not warrant or guarantee:
a. the accuracy or completeness of any information on the Website;
b. that any errors on this Website will be corrected immediately;
c. that access to the Website will be uninterrupted or error free;
d. that the Website will be free from viruses or malware.
16.4. Except where prohibited by law, we will not be liable to you for any loss, damage, liabilities or claims and expenses that you may suffer due to use of the Website, including use of any information on it. You use the Website and the internet at your own risk.
16.5. Trademarks on this Website are and shall remain the property of the owners of such Trademarks. You must not copy, alter, reproduce or use any Trademarks without first obtaining the written consent of the owner of such Trademarks.
17. GST
17.1. In the event that GST is payable on the supply of a Product, the Prices specified on this Website include GST unless specified otherwise.
17.2. In the event that any supply made in connection with an Order is a taxable supply, we will provide a tax invoice in a form which complies with the GST Act and the relevant regulations.
18. Definitions
In these terms:
Delivery Address means the address specified by you during the customer registration process for the delivery of Products or if you are permitted to place an Order without first registering as a customer, then delivery address means the address specified by you for delivery at the time of placing the Order. The delivery address for Fundraising Drive Orders means the address of the central collection point for Orders specified by the Fundraising Co-ordinator.
Delivery Fee has the meaning given in clause 6.1 b.
Fundraising Co-ordinator means the party nominated to organise a particular fundraising drive.
Fundraising Drive Code means the fundraising drive code supplied by us to a Fundraising Co-ordinator.
GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth).
GST has the meaning given to it in the GST Act.
Office Hours means Monday to Friday 9.00 am to 4.00 pm in Toowoomba, Queensland (except for public holidays).
Order means any order for a Product or Products submitted using the Website.
Product means each good or service that is advertised for sale on the Website.
Website has the meaning given in clause 1.1.