The Cook's Grocer Terms & Conditions
1. The Cook’s Grocer
We are The Cook’s Grocer of Sydney Pty Limited ABN 89 167 696 102 (“the Cook’s Grocer”/ “us” / “we”) and operate the website www.thecooksgrocer.com.au (“Website”).
By placing an order via our Website, you are agreeing to all of the terms and conditions set out below. This page tells you the terms and conditions upon which The Cook’s Grocer will supply you with products listed on our Website. Please read them carefully before setting up an account with us and when ordering products from the Website. If you do not accept our terms and conditions, you will be unable to order from our Website.
We may vary parts of the Website including these terms and conditions from time to time without notice to you. If this occurs, the terms and conditions that will apply to your order will be those in existence as at the time of placing your order. You should therefore read these terms and conditions before placing each order. Continuing to use the website and place orders with us indicates your acceptance of any changes to these terms and conditions.
The delivery service offered via our Website is only intended for use by people who wish for our products to be delivered to an area within our nominated delivery area (“delivery area”). You must select a delivery address within our delivery area to be able to place an order.
When you place an order, you need to select a date and time window for us to deliver to you from the options available on that page. Unfortunately we cannot guarantee an exact time for delivery, or being able to fulfil special delivery requests. We ask that you provide us with a mobile telephone number at the time of placing an order to enable us to contact you if any issues arise with your delivery.
All meals are delivered in chilled boxes and placed at your front door or the main entrance of apartment buildings. Our drivers will not ring door bells or call / text mobile phones, even if requested. If you can not locate your box in the morning, we ask that you check all other possible access points to your house or building before contacting us. If you provide delivery instructions we will endeavour to follow these, however we can not guarantee that we will be able to deliver to this exact location.
We accept no liability for incorrectly followed delivery instructions on orders placed at the correct address. We accept no liability for incorrectly delivered orders or if you provide delivery details that are incomplete or incorrect.
If you do not receive your delivery within the delivery window, please email email@example.com within 1 hour of the delivery deadline.
If we cannot access the relevant building or unit or for any reason beyond our control we need to deliver the goods a second time, we will charge you an additional $15 for redelivery.
You will become the owner of the goods at the time of delivery to the correct address, which means that we cannot accept responsibility for goods that are stolen, missplaced, damaged or missing after they have been delivered.
It is your responsibility to ensure that correct delivery details are provided at the time of placing your order. We will not be liable for any delay, loss or damage to the products due to errors in the delivery details you provide.
In the event that issues arise beyond our control that mean we cannot deliver to you on your chosen delivery date, we will provide you with details of the delay as soon as reasonably practicable but will not be liable to you or any other person for such delay.
3. Prices and payments
The prices which will apply to your order are as displayed on our Website at the time of placing your order. Product prices displayed on our Website and in your order include GST and any other applicable taxes.
4. Foods and Allergies
Except to the extent that a meal is expressly stated to be gluten free or vegetarian, we cannot guarantee that our meals will meet the requirements of those with intolerances, allergies or religious or cultural food requirements. It is your responsibility to check all the ingredients in any product listed on our Website menu before ordering that product and if all ingredients are not apparent, then to make your own further enquiries to us in that regard.
5. How a contract is formed between us
After placing an order via our website, we will process your order and send you an email confirming that your order has been accepted and that payment for the same has been approved by your credit card provider. At the time when payment is approved, a valid and binding contract arises between you and The Cook’s Grocer for the provision of the products ordered.
Each time you place an order on the Website, it is accepted by us and payment is approved, a separate contract is formed. For each order accepted by us, we will supply the products to you in accordance with the terms and conditions as they appear on our Website at the time of the order being placed.
There are no recurring charges. Each time you wish to order, you need to select items from the menu on our Website and confirm that you agree for payment to be debited from the credit card details provided by you when setting up your account with us. You can update the credit card details in your account with us at any time to apply to future transactions, but not after a payment has been deducted for a specific order. We reserve the right to cancel your account with us at any time and to refuse further orders placed by you at our sole discretion.
6. Cancellations and Refunds
You may cancel an order until midnight Tuesday prior to the day selected for delivery of the order. We may or may not accept your cancellation request at our sole discretion after that time. If we accept your cancellation request, we will provide a full refund and delivery of any products you have ordered will not occur. All refunds will be made within 14 days of the date of acceptance of cancellation. This will usually be via the same payment method you used to place the order. If we do not accept your cancellation request, the products ordered will be delivered to the nominated delivery address provided by you at the time you placed the order. Once goods have been delivered to you, your order cannot be cancelled due to a change of mind.
If however there are defects in the goods, or the products provided are incorrect or otherwise do not match the description on the Website, we will refund the price of the product in full, any applicable delivery charges and any reasonable costs you may have incurred in returning the item to us in accordance with consumer protection legislation. In establishing that there are defects in a product (e.g. damaged or spoiled goods on delivered to you), we may require photographic evidence and/or a sample of the product.
If the goods that are delivered are not in accordance with your order, you may choose to either keep the incorrect product with no adjustment to the payment amount for the order, or reject the incorrect product, in which event we will refund you the price of the incorrect product/s or replace the incorrect product/s as you elect, and at our expense with no additional delivery charge.
If you reject a product or delivery because it is not in accordance with your order, we reserve the right to collect it back from you. If you are unable to or refuse to deliver up all rejected goods for return to us, we may refuse to refund all or part of the price paid for those goods so as to reasonably reflect the cost of the relevant products.
7. Acceptance of orders
You warrant that you are not placing an order to purchase items to be resold to a third party or for business or trade purposes. If you order a quantity of any item that appears to be a commercial quantity, we may not accept your order for that reason.
We may, at our sole discretion, accept or reject your order for any reason. This may occur if a product is unavailable or there has been an error in the description or price of a product on our Website or in your order. It may also occur if you provide incorrect or incomplete details or your payment method is not approved.
If we reject an order and it is not because you are outside of our delivery area, we will make all reasonable endeavours to contact you as soon as practicable thereafter in an attempt to correct the issue to enable the order to be re-placed if possible.
8. Product Liability, Warranties and Indemnity
Consumer law guarantees that the goods we provide will be of acceptable quality, be fit for a particular purpose, match their description, that you will obtain title to the goods, and any other express warranties we make to you will be honoured.
Please be aware that the products displayed on the Website are indicative only. Many of our products are fresh products and may therefore vary slightly due to natural variation and seasonal availability. Images on the Website may not show the same shape or colour as the product delivered and are for illustrative purposes only.
The risk to the goods is passed to you immediately upon the delivery of the items to the delivery address. Title to the goods passes to you upon the later of either a) full payment being received by us for your order including all delivery charges if applicable, or b) the delivery of the items to the delivery address.
To the extent permissible by law, our liability in contract, tort or any other area of law for any loss, damage or injury is limited and shall not exceed the price of the relevant product/s ordered by you.To the extent permissible by law, we shall not be liable for damage or loss of any kind caused directly or indirectly by your use of our Website, or by ordering or consuming our products and services. Notwithstanding any other term or condition, and to the extent permissible by law, you agree to indemnify us against all losses, claims and expenses caused, created or incurred directly or indirectly by you.
9. Promotional Vouchers and Gift Cards
We may, from time to time offer promotional vouchers (“vouchers”) and paid gift cards (“gift cards”). Gift cards will only be issued by us in exchange for valuable consideration and will expire 12 months from the date of issue. Promotional vouchers and gift cards may only be utilised by persons who are over the age of 18 years and are otherwise eligible to set up an account with us and enter into binding contracts with us.
A contract will arise when vouchers and gift cards are redeemed at the time of an order being placed and accepted by us. We may cancel or withdraw a voucher at any time. We will not withdraw or cancel a validly issued and paid gift card prior to the expiry date applicable thereto. We will not be obliged to provide refunds for gift cards after they have been purchased except if required by law. We may, at our sole discretion, choose to refund the purchase price of a gift card and cancel the gift card.
To use a gift card or voucher on the Website, enter the code when placing an order when prompted by the Website, prior to providing any other payment details or submitting your order. By placing the order, you are agreeing to these terms and conditions as well as any additional conditions specified on the voucher or gift card.
Gift vouchers can be partially redeemed, and the unused balance will be retained on the gift card until it is spent. No change will be given on unused balances of gift cards.
Gift cards cannot be reloaded, and any un-spent balance on the expiry date will be forfeited. We shall not be held liable if a gift card is lost or stolen from the holder or used without the holder’s permission. Gift cards may be reissued by us in these circumstances at our sole discretion but we shall have no obligation to do so.
A voucher is only able to be used once and must not be copied, reproduced, distributed or published. If this occurs, we reserve the right to cancel or withdraw the voucher at our sole discretion. Vouchers can be redeemed in one of our stores or via the Website. They must not be redeemed or published via any other website. If any account holder is suspected of sharing voucher codes or other promotional or discount codes via the internet on discount shopping sites, social media or via any other means of publication, we reserve the right to cancel that person’s account and to refuse to enter into further contracts with that person or supply goods to that person.
10. Terms regarding our Website
We do not warrant that there will be no errors, omissions, delays or losses of information attempted to be transmitted to us via the Website. We do not warrant that there will be no viruses or other destructive transmissions transmitted through our Website or that no damage will occur to your computer, phone or other electronic devices used to access our website. You must take your own precautions to reduce your own risk as to viruses and other forms of damaging computer code.
We may, from time to time, display links on our Website to other sites. These links are for convenience only. We do not make any warranty of any kind as to the security of those sites, the correctness of information on such sites nor will we be liable for any loss or damage sustained as a result of accessing such sites. The inclusion of any link on our Website does not imply any verification or endorsement of the site by us.
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in relation to use or attempted use of our Website or any linked website.
11. Transfer of Rights and Obligations under Contract and Waiver
A contract between you and us becomes binding on each of us respectively at the time your order is accepted by us and will also be binding on each party’s successors and permitted assigns. We reserve the right to transfer, assign or sub-contract our rights and obligations under that contract.
You must not transfer, assign or sub-contract your rights and obligations under that contract without our prior written consent, although your obligations under this contract will pass to your administrators or trustees should you die, lose capacity, become bankrupt or go into liquidation.
No waiver will arise if, at any time whilst there is a contract between us, we or our employees, sub-contractors, agents or permitted assigns fail to insist upon you performing any of your obligations under that contract, including pursuant to these terms and conditions or if we fail to exercise any of the rights and remedies we may be entitled to exercise from time to time in respect of any default by you. Waiver by us will only occur in relation to a contract between us if we give you express notice in writing of our agreement to waive specific rights we have in relation to a specific default or defaults by you. If we have waived our rights in respect of any default by you, this will not constitute a waiver in respect of any other or any subsequent defaults by you.
12. Intellectual Property Rights
We are the owner of all rights, title and interest in all material on the Website, including written material, graphics, and other content. That material shall at all times remain our exclusive property. All such rights are protected by law and reserved to us. You must not use any part of the contents of our website for any commercial purpose unless prior written consent or a formal license to do so is obtained from us. Comments posted on our Website must represent your fairly held opinions and must not be offensive or breach any laws. By commenting on our website you irrevocably authorise us to use that material for advertising or promotional purposes including publication on our Website, on social media sites, in print and by other media if we so choose.
13. Severability of provisions
If anything contained within these terms and conditions or the terms of any contract to which we are a party is found to be void, unlawful, unenforceable or invalid, then that term or condition or the offending part thereof shall be severed from the remaining terms and conditions and shall not affect the validity and enforceability of any remaining terms and conditions.
14. Governing Law
The laws of New South Wales, Australia govern the use of the Website and these terms and conditions.
15. Whole agreement
These terms and conditions constitute the entire agreement between us, and they take precedence over any prior representations, verbal agreements and other correspondence between us relating to the matters covered herein. Neither party relies on any representation or warranty that is not expressly set out herein. Nothing herein limits any liability for fraud or other unlawful activity.
16. Force Majeure
If our performance of obligations contained in these terms and conditions is prevented by forces out of our control (“force majeure”) including but not limited to strikes, labour disputes, labour shortages, product unavailability, raw material unavailability, transit delays or unavailability, power supply failures, communication failures, fires, accidents, acts of God, natural disasters, civil unrest, war, terrorist attack, epidemic, pandemic, public health emergency, demands, acts, decrees, legislation, regulations, restrictions or requirements imposed by any government or other force majeure events as defined by law, we shall be excused from our performance of those obligations to the extent that the prevention been caused by the force majeure event. We will however use our reasonable endeavours to perform our obligations as best as possible despite the force majeure event.
The Website contains some applications which may at various times collect your personal information. As well as information you provide to us, our server may also collect information about your computer’s IP address, browser type, pages within our Website that you visit and details of your activity on our website, searches performed and details of any website which may have linked you to our website, if applicable.
We comply with the Privacy Act 1988 (as amended from time to time), and will not sell your personal information or disclose your personal information to third parties except as set out herein.
When you open an account with us, we collect information about you which may include your name, gender, address, email, telephone and other contact numbers, and date of birth. We need that information to process your order, verify your identity and credit worthiness, to communicate with you about delivery issues and other issues relating to providing ordered products to you and to provide you with information about other products and services we offer which may be of interest to you.
By providing us with information, you authorise us to use that information to process your application to open an account with us, do credit checks on you, undertake financial transactions with you such as processing payments for goods and services provided by us, enforce our legal rights against you, send you promotional and advertising material and to enhance our Website towards providing you with a more personalised service. We may disclose your personal information without limitation, to research firms, marketing firms, credit referral agencies and our financial and legal representatives and other advisors retained by us in the course of running our business. We may disclose statistics about our users and account holders publicly to the extent that such information does not contain information about any identifiable individual/s.
You can unsubscribe from receiving promotional and advertising material from us at any time by choosing the unsubscribe option when you open an account with us or by updating your details with us to choose the unsubscribe option.
We may be required to disclose your personal information in other extenuating circumstances such as where required by law, under subpoenas or notices to produce in legal proceedings, and when required by government or law enforcement authorities.
You can update your details on the account page of our Website or by contacting us by other means as set out on our home page.
We make all reasonable efforts to ensure that personal information provided to us is safely and securely stored, that your personal information is protected and that financial and payment information you provide to us is secure. We protect your personal information by destroying information that is no longer needed, maintaining our computer and software systems in an effort to prevent unauthorised access and we use [specify type] encryption when processing payments made via our Website.
It is your responsibility to ensure that you do not share log-in or password details to your account with any other person, you do not choose a password which is easy for others to guess, or leave your account details where they may be found by another person. We shall not be liable for breaches of security caused by these factors or by any damage or loss sustained as a result of a security breach. We cannot warrant that the Website is completely secure.
We reserve the right at all times to refuse to let you open an account with us or to place orders with us for any reason at our sole discretion.
Any personal or other information you supply to us may be retained by us and used pursuant to the terms herein until you request in writing that such information be removed. If we are unable to retain certain personal information you have provided because of a request by you to remove it, we may no longer be able to accept further orders from you or allow you to keep open an account with us depending on the nature of the information.
19. Formation of Contract – Flexible Subscription Meal Boxes
After placing an order for flexible subscription meal box on our website, you will receive an e-mail from us acknowledging that we have received your order. Your order of flexible subscription constitutes an offer to us to buy the flexible subscription. All orders are subject to acceptance by us.
By subscribing to the website, you agree to pay recurring periodic subscriptions for an indefinite time until cancelled by you or us, as laid out in these terms. You can cancel your subscription at any time within the cancellation deadline, which is midnight Tuesday prior to the day you would receive your next order. You can make changes to, skip, or cancel your order up to midnight Tuesday prior your selected delivery day.
You will not be charged for any cancellation prior to the cut off. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.