1.1 “The company” / “We” / “Us” / “the business” / “eat gourmet” all refer to: Simpson Ready Pty Limited trading as eat gourmet ABN 422 133 581 978
1.2 “The customer” / “You” all refer to: The purchaser of goods from the company
1.3 “Goods” means all items sold and/or delivered to the customer
1.4 “Terms” refers to these Terms and Conditions of sale
2. ORDERS & DELIVERY
2.1 Ordering methods:
Phone 02 9938 3008
Fax 02 9938 3005
SMS 0481 305 217
2.2 Orders are to placed by 4pm Monday for a Thursday deliver or by 4pm Thursday for a Monday delivery
2.3 Deliveries will be made by refrigerated courier in accordance with orders placed under Clause 2.2.
2.4 Delivery will only be made to agreed address as per the invoice of sale
2.5 Unless specifically noted and agreed to prior to invoicing, delivery is free of charge
2.6 There may be unforeseen circumstances where we are unable to meet our delivery guideline as outlined in 2.2. These include, but are not limited to local public holidays, weather conditions, technical related issues and transport/logistical issues. Delivery will be made the following day in these instances.
2.7 All goods must be checked for quantity and quality and signed for by an authorised representative of your business to acknowledge receipt
2.8 We reserve the right to review and change delivery costs at any time
3. APPLICATION FOR CREDIT
3.1 These Terms apply to all contracts for the sale of Goods by the Company.
3.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.
3.3 The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.
4.1 Prices are determined at the time of order and are subject to change without notice.
5. OFFER OF CREDIT
5.1 In consideration of extending credit you the owners/partners/director do hereby jointly guarantee payment of the account and further indemnify you for the monies outstanding on the account from time-to-time.
5.2 In the case of a trust company you acknowledge that the trustee shall be liable on the account and that in addition the assets of the trust shall be available to meet payment of the account.
5.3 The terms and conditions of trading and account settlement, unless otherwise stated in writing, are net 14 days.
5.4 Fees may be incurred should you fall outside the agreed terms.
5.5 You agree to pay interest on any monies outstanding to us at the rate of 3% per seven days of the total value of monies owing until paid in full.
5.6 Any costs incurred in the collection of outstanding monies shall be payable by you.
5.7 We will require payment for, or refuse supply of, any products if an account is in arrears for 14 days or more, unless a formal arrangement for payment is in place. Furthermore, if the above conditions are not adhered to, we reserve the unconditional right to withdraw credit facilities and requires payment to the full amount immediately.
6.1 Notwithstanding delivery and the passing of risk, we reserve the following rights in relation to the goods until all accounts owed by you are fully paid:
- a) Legal ownership of the goods remain with eat gourmet
- b) The right to enter your premises (or the premises of any associated company or agent, or any other storage place where the goods are located) with or without force, and without liability for trespass or any resulting damage and retake possession of the goods; and
- c) The right to keep or resell any goods repossessed pursuant to 6.1.2 above.
6.2 Notwithstanding the provisions above we shall be entitled to maintain an action against you for the purchase price.
7. REFUNDS AND CLAIMS
7.1 We shall not be under any obligation to accept goods returned by you and will do so at eat gourmet’s own discretion in each individual case.
7.2 Any claims for damages or short delivery must be made in writing within 24 hours of delivery or shall not be claimable against your account.
7.3 We do not have a ‘sale or return policy’. All orders are final and no refunds for unsold stock will be considered without the express written agreement of eat gourmet in each separate and individual case
8.1 Collection of Information – All correspondence may also be collected and stored, particularly in regard to sales, support and accounts, including Email. Any information collected by us is collected via correspondence from you or your company. This may be via the telephone, Email, mail, fax or directly through our website.
8.2 Use of Collected Information – Any personal information collected by us will only be used in accordance with providing information, products and/or orders
8.3 Storage of Collected Information – When you provide sensitive information (such as credit card numbers) we simply pass them on in order to be processed as required by our payment provider, eWAY. We never permanently store complete Credit Card details. We will follow the generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.
8.4 Access to Collected Information – If your personally identifiable information changes, or if you so desire, you may correct, update, delete or deactivate it by emailing us at email@example.com
8.5 Third Parties – We do not share any information with third parties for any unknown or unrelated uses
8.6 Legal – We reserve the right to disclose your personally identifiable information when we believe that disclosure is reasonably necessary to prevent a threat to health, welfare, safety or life of an individual, assist the investigation of unlawful activity, protect its rights and/or comply with a judicial proceeding, by or under law, or legal process served us
9. LIMITED LIABILITY
9.1 These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act 1974.
9.2 The Company is not subject to, and the Customer releases the Company from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods. The Customer acknowledges that the Company is
(a) responsible if the Goods do not comply with any applicable safety standard or similar regulation; and
(b) liable for any claim, damage or demand resulting from such non-compliance.
9.3 If any statutory provisions under the Trade Practices Act 1974 or any other statute apply to the contract between the Company and the Customer (Contract) then, to the extent to which the Company is entitled to do so, the Company’s liability under the statutory
provisions is limited, at the Company’s option, to:
(a) replacement or repair of the Goods or the supply of equivalent Goods; or
(b) payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods;
And in either case, the Company will not be liability for any consequential loss or damage or other direct or indirect loss or damage.
10. GOVERNING LAW
10.1 These Terms and the Contract shall be governed by the law of New South Wales and the parties submit to the courts of New South Wales in respect of any dispute arising.
11.1 No changes to these terms shall be made by you without written consent of eat gourmet
11.2 The Company may amend these Terms and Conditions from time to time in its absolute discretion and you agree to be bound by that variation from when it appears on this Site. You understand and agree that if you use the Site after the date on which the Terms and Conditions have changed, the Company will treat your use as acceptance of the updated Terms and Conditions.