Terms of service
The Terms and Conditions govern the relationship with you in relation to the use of this website www.thegourmetbox.com.au, which is owned and operated by The Gourmet Box Australia Pty Ltd, and the purchase of any goods and services from it.
Throughout the site, the terms “we”, “us” and “our” refer to The Gourmet Box Australia. When we say “you, your” etc, we mean the person using our site. The Gourmet Box Australia is currently not registered for GST. The Gourmet Box Australia offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
IMPORTANT INFORMATION
Please take a moment to read these terms regularly prior to using our website to ensure you are aware of any changes. We reserve the right to change, modify, add or remove portions of these terms at any time. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and our rights and obligations to each other.
LIMITATION OF LIABILITY
In performing any obligation under these Terms of Service, our only duty is to exercise reasonable care and skill. It is an essential pre-condition to you using our website that you agree and accept that we are not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our emails, documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisement. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable. It will be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION
From time to time we may run competitions on the website or through our E-Newsletter, Facebook, Instagram, and/or other social media and media outlets. Unless specified otherwise, competitions are exclusively governed by their own terms and conditions and these can be accessed either via the terms or on a link on the website if available. From time to time we may publish Coupon Codes, which offer a price reduction or some other offer relating to our products. Only one coupon is redeemable per purchase and only on specified products. Unless otherwise stated all coupon codes expire after 6 months.
CONSUMER ACT
You must be over 18 years of age to use this website and to purchase any goods or services. Gift boxes (including and especially gift boxes containing alcohol) may only be purchased and delivered to persons over the age of 18 years. By proceeding to purchase through our website, you acknowledge you are over 18 years of age, and you guarantee that the recipient of any gift boxes containing alcohol that you purchase is also over the age of 18. It is a legal requirement that both the person placing the order and the person receiving the delivery are over the age of 18.
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), our liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
DELIVERY OF ORDERS
Unless set out otherwise in your order, we aim to ship within 10 working days after we receive your order and have a limited number of boxes available for immediate dispatch until sold out. Gift boxes and products are available for immediate dispatch until sold out.
We aim to deliver within the time indicated by us at the time of your Order or within [10] working days but we cannot guarantee any delivery dates. We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
We aim to deliver Orders to you at the place of delivery requested by you in your Order. We currently deliver to Australia and Hong Kong.
You must enter the correct delivery address and delivery instructions at the time of placing your order. If you enter an incorrect address, we may re-send the order to the correct address at your own expense.
You acknowledge that all boxes and products delivered to you from us will be delivered using Australia Post and or/ other reputable third-party carrier and you accept that all title in and risk to the box will pass to you upon the third party carrier being given possession of the box by us. We are not responsible for any breakage or damage to the box or any products during delivery and expressly excludes any liability in relation to this.
You are responsible for ensuring the shipping address for the box is correct and current. Any changes to the shipping address must inform us in a form of written communication immediately. We expressly exclude any liability in relation to an incorrect shipping address including any redelivery, redirection or a refund.
On delivery of the Order, you grant us ‘authority to leave’ at checkout. You understand and agree that this authority to leave gives us and/or our couriers permission to leave the Order unattended at the delivery address without obtaining a signature confirming delivery at the delivery location. We and our couriers are released of all responsibility and liability for the Orders delivered and left unattended, and that this responsibility and liability transfer to you on delivery.
We deliver in our standard packaging. Any special packaging requested by you is subject to additional charges. If you are not available to take delivery or collection, Australia Post or the other courier company may leave a card giving you instructions on either re-delivery or collection from the carrier.
CANCELLATION
Order cancellation is not accepted once the Order is submitted on the website and the payment has been received and refunds will not be issued.
CHANGE OF MIND
We do not offer any refund for change of mind, or because your gift recipient does not appreciate the gift, please choose carefully before making your purchase on our website.
RETURNS AND REFUNDS
We do not offer any refund or returns of any food products. All our gift boxes are carefully secured in sturdy packaging with extra protection, and we take pride in ensuring your gift box arrives in pristine condition. If an item arrives damaged inside the gift box, please email hello@thegourmetbox.com.au within 48 hours of the delivery providing photos of the damage. If the problem with the item is our fault, we will try to resolve the problem by sending a replacement product at our cost. If the product is sent to an incorrectly provided address from your order placement on our website, we will not be responsible for any re-delivery fee. All returns are made at the discretion of The Gourmet Box Australia.
ALCOHOL
Gift boxes (including and especially gift boxes containing alcohol) may only be purchased and delivered to persons over the age of 18 years. By proceeding to purchase through our website, you acknowledge you are over 18 years of age, and you guarantee that the recipient of any gift boxes containing alcohol that you purchase is also over the age of 18. It is a legal requirement that both the person placing the order and the person receiving the delivery are over the age of 18.
CHOCOLATE AND HEAT
During the warmer months we use ice packs or bubble wrap to help ensure that the chocolates in your gift box doesn’t melt. Please note that chocolate is a delicate product and it melts when the temperature is over 22°. We cannot control the gift box storage condition once it’s shipped, if the gift box containing chocolates is delivered at the recipient’s address and left unattended in an outdoor area without air-conditioning or the gift recipient does not pick up the gift from Australia Post or other courier company, we are not responsible for any chocolate melting issue and it’s at your risk when you order any gift box containing chocolates.
FOOD ALLERGIES
As we do not manufacture the products packed in the gift box, please read the product label on the products carefully before purchase or consume the product. All the ingredient information is clearly listed on the product package as per Australian standards. We are not liable or responsible for any food allergies or health condition occurred to anyone after consuming the products. Please contact the manufacturer of the products for more information or if you are unsure of the ingredients in the product.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are aged 18 or above of in your state of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
INFORMATION ON THE WEBSITE
a. We reserve the right to amend these terms and conditions (including imposing additional terms) at our sole discretion, at any time and without notice to you. Any amendments are automatically incorporated into and form part of these terms and conditions, which are accessible on our website and you accept that it is your responsibility to review these terms and conditions each time you use the website.
b. By continuing to use the website, you agree to be bound by any amendments to the terms and conditions.
c. We reserve the right to change the website, and the products and services available through the website, at our sole discretion without liability to you or any other third party. We will endeavour to ensure that all information, content or material (referred to as “Information”) on the website is accurate, complete and reliable except for information submitted by users of the website. However, we do not make any representations or guarantees as to the accuracy, completeness or reliability of any information on the website. You acknowledge that such information may contain errors or inaccuracies and accept that you must make your own enquiries to verify the information provided by is. We expressly exclude any liability that may arise in relation to the accuracy, completeness or reliability of any information on the website.
d. If we come across any error or inaccuracy in any information on the website, we reserve the right to correct that information without any liability to you or any other third party.
e. All information on the website is of a general nature and is not intended in any way to replace professional dietary or medical advice. We do not make any representations or guarantees as to the suitability of the products on the website for any dietary requirements, medical conditions or allergies. You acknowledge that it is your responsibility to assess the suitability of all products prior to you using the products. We expressly exclude any liability that may arise in relation to the suitability of the products for any dietary requirements, medical conditions or allergies.
f. You acknowledge that any promotional and marketing material on the website (including images, photographs and descriptions of products) is not a representation of what is in the gourmet gift box and you accept that:
i. products on the website may differ in visual appearance and packaging to the products in the box;
ii. products in the box may be derivatives, samples or smaller versions of the products on the website;
iii. the combination of products on the website may not be the same combination of products to be included in a box and the combination of the iv. products is at our sole discretion;
iv. Throughout the website, users may be invited to review or comment on various products. You expressly consent to us publishing your first name and email address in relation to any review and comment.
g. The website may contain links to third party websites. You acknowledge that we do not make any representations or guarantees in relation to those sites and does not endorse, verify or assume responsibility for the content of any such third party websites. You accept that your use of any third party websites is at all times at your own risk and we expressly exclude any liability which may arise from your use of or access to those third party websites.
CIRCUMSTANCES BEYOND OUR CONTROL
In the event any Order is not delivered due to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties, insurrection, riot, war, strikes fire, storm, flood, we will attempt to deliver the Order as soon as practically possible.
Either you or we may terminate an Order by written notice to the other if an event envisaged above occurs, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of an Order already paid for by you and not delivered).
LIMITATION OF LIABILITY
a. In performing any obligation under these Terms and Conditions, our only duty is to exercise reasonable care and skill.
b. Except as required by law, we do not warrant and we exclude all liability for the accuracy, completeness, fitness for purpose or legality of any information accessed using this website. We exclude all liability of any kind for the transmission of or the failure to transmit or to receive any communication.
c. Except as required by law, we do not accept and hereby exclude any liability for breach of duty (except as required by these terms and conditions).
d. Except as required by law, we do not accept and hereby exclude any liability for losses, costs, damages, injury and fees arising from the supply of any Services or Orders to you.
e. Except as required by law, we shall have no liability for any loss of revenue, actual or anticipated profits, or any other loss you might incur directly or indirectly as a result of any Order.
f. Except as required by law, we shall have no liability for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website.
g. Our total liability under any Order shall in no circumstances exceed 110% of the value of the relevant Order under which the cause of action arises.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
a. If any clause in these Terms and Conditions or an Order shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect.
b. No person who is not a party to these Terms and Conditions or an Order shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term.
c. These Terms and Conditions and any Order shall be governed and construed in accordance with the laws of Western Australia. Both we and you hereby submit to the non-exclusive jurisdiction of the courts of Western Australia.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The Gourmet Box Australia, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Gourmet Box and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Western Australia.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@thegourmetbox.com.au.