Terms & Conditions
Davies st. food co.
Terms and Conditions
These points are included in the full terms below. We’ve highlighted the significant items. By purchasing from Davies St. Food Co. you are agreeing to all conditions set out below.
SELF MANAGED ORDERING
Davies St. Food Co. is a self-managed online ordering service.
You can place as many orders as you require or one at a time as you need them. There is no minimum term.
The cut-off time for all orders is strictly 10pm each day with pickup or delivery due 3 business days after your order.
All orders are charged to your nominated credit card at the time of placing the order online.
We deliver between Wednesday and Saturday, 2pm – 4pm.
As our deliveries are different each week, we cannot commit to a smaller delivery window (The vast majority of our deliveries happen between 2pm-4pm. You will find your delivery often arrives within a similar hour time frame more often than not).
If you will not be home, please leave a delivery note for your driver during order Check Out. If you do not leave specific delivery notes for your driver at the check-out and nobody is home when your delivery arrives, it is standard practice for our drivers to use their best judgment on where to leave your order.
Ownership of the goods will transfer to you once we have delivered in accordance with your delivery instructions (If any). If you do not leave specific instructions for your delivery driver, we will have to assume your delivery address has a reasonably safe and unexposed location to leave your order until you return.
Ensure you have entered your delivery address correctly with each order placed. Davies St. Food Co. is not liable for delivery addresses being incorrect or misspelled. Undelivered orders, incorrect addresses or unexpected deliveries made due to customer details being entered incorrectly will not be a consideration for refund.
Pick up is a service we currently provide. Pickup must be coordinated with a member of Davies St. Food Co. team via phone or email.
INGREDIENTS & DIETARY DEFINITIONS
Ingredients are subject to availability and we reserve the right to substitute like for like ingredients at short notice so as to be able to continue production. Some ingredients in particular are sensitive to weather conditions and seasonal deviations and occasionally supply is disrupted for short periods.
We will always amend our online ingredients listing as soon as we are made aware of any potential supply disruptions. Please be aware that it is a possibility that untimely ingredients alterations may be amended after you have finalised your purchase. Therefore, if you have mild sensitivities, we strongly recommend checking our ingredients listings regularly or prior to consumption.
If you have strong food allergies, we do not recommend ordering from Davies St. Food Co. If you do place an order, Davies St. Food Co. does not accept any liability for any personal injuries or illness as a result.
Customer dietary customisation is limited to the overall cooking style of Davies St. Food Co. We do not modify ingredients to suit individuals’ requests.
At this time, our menu does not cater for nut & coriander intolerances.
You are responsible for reading our product ingredients listed with each item prior to purchase or consumption.
This page (together with the documents referred to on it) tells the customer (You) the terms and conditions on which Davies. St Food Co. (We/Our/Us) will supply to You the products listed on our website www.daviesstfoodco.com.au (Our Site) via our self-managed customer portal. Please read these terms and conditions carefully before ordering any Products from Our Site or subscribing to our Services. You should understand that by ordering any of Our Products or subscribing to Our Services, you agree to be bound by these terms and conditions. We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions. Please tick the checkbox during checkout to accept these terms and conditions. Understand that if you do not accept these terms and conditions, you will not be able to order any Products from Our Site.
- INFORMATION ABOUT US
We operate the website www.daviesstfoodco.com.au
We are Davies St. Food Co. (ABN 96 868 411 295)
- SERVICE AVAILABILITY
Our site is only intended for use by people residing in or gifting to, nominated postcode districts within Victorian (Service Areas). Customers must provide a valid email address and credit card for all orders accepted online via our shopping cart only. We do accept orders by phone or direct email only if we have available space left for that week’s meal prep.
- YOUR STATUS
By placing an order through our site, you warrant that:
– you are legally capable of entering into binding contracts; and
– you are at least 18 years old; and
– you are resident or gifting to a resident in one of the nominated Service Areas
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After completing the order process on Davies St. Food Co. website, you will receive an e-mail order summary from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
4.2 The Contract will relate only to the Product or Service you have ordered or subscribed to. Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions.
4.3 We reserve the right at our absolute discretion not to restrict ordering at any time without giving any reasons for our decision.
4.4 You may deactivate your account at any time.
- CANCELLATION & REFUNDS
5.1 We understand that sometimes situations arise that affect your plans and you may need to cancel delivery of your order. You must notify us via email or via our contact us page immediately. Depending on how much prior notice we get, there is a good chance we have already begun preparing your order or in some case completely prepared your order so the maximum refund you can receive is 50% of your total invoice. Note: Cancelations ON or just prior to delivery day will not be accepted.
5.4 Accepting returns of items is at the sole discretion of Davies St. Food Co.. If accepted, you must first return those products to us in their original condition at your own expense. We have no obligation to provide you with a refund if those products are not returned to us or are returned in a damaged condition or if there is any shortage in the number of products you return.
5.5 If you return damaged products or if there is a shortage in the number of returned products, then we are entitled to deduct an amount (as determined by us) which represents the damage or shortage from the original payment made by you before refunding you the balance of that payment.
5.6 The refund policy does not apply to goods which by their nature are not suitable for return or spoil quickly. This is especially true for perishable foods, such as those provided by Davies St. Food Co..
- CHANGE OF DETAILS
6.1 Changes to address details and/or delivery instructions must be made via your account at the time of placing your order (or prior) for your payment changes to take effect. Changes made after this time will only take effect on your following scheduled delivery.
6.2 Changes to payment details must be made via your account at the time of placing your order (or prior) for your payment changes to take effect. Davies St. Food Co. will not be liable for any charges you incur as a result of out of date payment information. If Davies St. Food Co. incurs an expense due to incorrect payment information provided by you, we reserve the right to seek reimbursement for such expense.
- PRICE AND PAYMENT
7.1 From time to time Davies St. Food Co. may need to revise the price of its products up or down and we reserve the right to do so without notice.
7.2 The price of the Products and our delivery charges will be as quoted on your order summary, except in cases of obvious error.
7.3 Product prices include applicable taxes including GST.
7.4 Payment for all Products and Services must be by credit or debit card or any other payment method on the online checkout page.
8.1 We only deliver to addresses within the postcode areas nominated on our site.
8.2 During the ordering process, you need to select a delivery date for us to deliver your order to you. You also agree to provide us with complete and accurate information that we ask you to provide to enable us to fulfil your order.
8.3 We will aim to deliver during our stated delivery window when your order was placed. However, if an event occurs that is beyond our reasonable control, then we may not be able to do so and will not be liable to you or any other person for any such delay. In this instance, we will endeavour to provide you with notice of the delay as soon as reasonably possible.
8.4 We will deliver the Products to the front door at the relevant Delivery Address. If you ask us to deliver inside a premise or building at the Delivery Address and we agree to do so, then you are responsible for any loss or damage suffered by us in connection with our delivery of the Products beyond the front door of the Delivery Address. You must make all appropriate arrangements to assist and allow us to deliver your order, including obtaining any prior security, or other, approvals which may apply to your delivery location.
8.5 We may require the person accepting the delivery of your order to provide us with proof of that person’s identity (including photographic identification) and, where relevant, age. If the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks.
8.6 Davies St. Food Co. accepts no liability or responsibility for incorrectly placed orders. Nor do we accept liability or responsibility for delivery details which are incorrectly supplied, or you fail to supply.
8.7 If you will not be at home at the expected delivery time, we recommend you nominate a cool safe place for delivery of your order. If you do not provide a specific place for delivery, Davies St. Food Co. will leave your order at your front door. If you advise Davies St. Food Co. of any specific delivery instructions in your order, your delivery driver will endeavour to comply with these instructions to the extent reasonably within their control.
8.8 If you are not at home and you live in a secure apartment or premises and fail to answer, our drivers will attempt to make contact with you via the phone number given to us at the time of ordering. If there is no response, they are advised to choose a location to leave your order to the best of their abilities. This may not always be the most secure location but they will text you to let you know. We do not return to deliver again at a more convenient time.
8.9 You will be responsible for your order from the time we deliver your products in accordance with your instructions. We accept no liability or responsibility for any product once the product has been delivered to you.
- ACCEPTANCE OR REJECTION OF AN ORDER
9.1 We reserve the right to accept or reject your order for any reason, including if the requested Product is not available, if there is an error in the price or the product description posted on the Site or in your order.
9.2 If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
9.3 You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, then we will contact you when you place the order or within a reasonable time after you submit your order.
9.4 If refusal of an order occurs on or prior to delivery after our Sunday 12pm deadline, this will not negate the charge incurred by the customer.
10.1 Our products come with guarantees that cannot be excluded under the Australian consumer law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
10.2 The consumer guarantees that apply to goods you purchase:
– Goods will be of acceptable quality
– Goods will be fit for a particular purpose
– Goods will match their description
– Any express warranties will be honoured
– You will have title to the goods
10.3 You will have undisturbed possession of the goods. You acknowledge that the products displayed on Davies St. Food Co. website are indicative only and that the products you receive may vary from those displayed according to seasonal availability. In particular, Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
- COUPON, GIFT & eVOUCHER CODES
11.1 We may offer coupon codes and other types of discount promotions and which are applicable to our Products through a Service. If applied at the time of Check Out the Coupon Code is deemed to have been sold at the time of payment. All of these terms and conditions shall become applicable as between us and the holder of the Coupon when the Holder redeems the discount at the time of Check Out when applying for a Service to commence.
11.2 A Coupon Code may not be copied, reproduced, distributed, resold or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.
11.3 We reserve the right to withdraw or cancel any Coupon (other than a paid-up Coupon Code) for any reason at any time.
11.4 Coupon Codes may only be redeemed through the website http://www.daviesstfoodco.com.au/ and not through any other website or method of communication. To use your Coupon, you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Coupon.
11.5 Any discounts attached to Coupons apply to the price of the Products ordered only and not to delivery charges (where applicable), which will be chargeable at normal rates.
- RISK AND TITLE
12.1 The Products will be at your risk from the time of delivery.
12.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
- DISCLAIMER AND LIMITATION OF LIABILITY
13.1 The following paragraphs exclude or limit our liability for your use of our website. They all apply so far as the law permits.
13.2 While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on our website, that information is provided in good faith and on an “as is” and “as available” basis and we do not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information.
13.3 We do not represent or warrant that our website will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system.
13.4 You must take your own precautions to ensure that the process which you employ for accessing our website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system.
13.5 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
13.7 We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use our website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through our website.
13.8 If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty, to the extent permitted by that legislation, and at our option, to the supplying of the products again refunding the purchase price of the Products.
- IMPORTANT NOTICE ABOUT LINKED WEBSITES
14.1 Our website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.
14.2 Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent we stipulate to the contrary.
14.3 To the extent permitted by law, we accept no responsibility or liability for, and give no warranty (express or implied) of any kind in respect of, linked websites and your use of them or any products or services available on or through linked websites.
- TRANSFER OF RIGHTS AND OBLIGATIONS
15.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
- INTELLECTUAL PROPERTY RIGHTS
16.1 We are the owner or the licensee of all intellectual property rights in our site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
16.2 You may print off one copy, and may download extracts, of any pages from our site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
16.3 If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the services, you irrevocably authorise us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.
- EVENTS OUTSIDE OUR CONTROL
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
17.3 Strikes, lock-outs or other industrial action;
17.4 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
17.5 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
17.6 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
17.7 Impossibility of the use of public or private telecommunications networks;
17.8 Epidemic, pandemic or other health emergency (whether declared or not);and
17.9 The acts, decrees, legislation, regulations or restrictions of any government.
17.10 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18.1 We may use your contact information to send newsletters from us.
19.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
19.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
19.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
20.1 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- ENTIRE AGREEMENT
21.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
21.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
21.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
21.4 Nothing in this clause limits or excludes any liability for fraud.
- OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
22.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
22.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we dispatch Products (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
- GOVERNING LAW AND JURISDICTION
23.1 The laws of Victoria and the Commonwealth of Australia apply to these terms and conditions. All disputes will be heard and settled in accordance with the Courts of Victoria and any courts of appeal therefrom.