Terms & Conditions
Last updated: 02 September 2020
PLEASE READ THESE TERMS & CONDITIONS OF SALE CAREFULLY BEFORE PURCHASING
By placing orders through this website, you signify your acceptance of these terms. For the purposes of these terms, “us”, “our” and “we” refers to minjums.com.au and “you” and “your” refers to a person who places orders through or otherwise uses our website.
You must be over 18 years of age to use this website and to purchase any goods or services.
AMENDMENT OF TERMS
We reserve the right, acting reasonably, to change, modify, add or remove portions of these terms at any time. Please check these terms carefully prior to using our website (including prior to placing orders for products through the website) to ensure you understand these terms and are aware of any changes. We will endeavour to highlight any significant or substantive changes to these terms where possible. If you choose to place an order for products through our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and minjums.com.au’s rights and obligations to each other.
PRODUCTS, ORDERS AND DELIVERY
Once you place your order, you will receive an email confirming acceptance of your order. This represents confirmation of your order and your invoice. It is your responsibility to review the details of your order and notify us of any omissions or corrections.
We will send you an email or sms to confirm the delivery day.
The price of our products and delivery charges are as set out on our website from time to time. Product and delivery prices include GST where applicable. Payment for products and delivery must be by credit or debit card or any other payment method on the online checkout page.
Our products are highly perishable and require refrigeration at all times.
Delivery is currently only available to certain areas of METRO MELBOURNE, as listed on the delivery page of our website. This is because of the perishable nature of our products and their need to be refrigerated.
Your order will be transported in an insulated container in order to keep the products cold during transit. Please refrigerate the products immediately upon receiving them.
You must provide us with accurate delivery information and contact details. We will only deliver to a physical address. We do not deliver to P.O. boxes.
Deliveries are on Saturdays between 9am to 5pm. You must order before 8pm on Friday to receive your delivery on Saturday. If you order after these times, your product/s will be delivered the following Saturday.
We will agree together on a delivery window, during which you or an authorised person will be at your delivery address and we will confirm the approximate delivery time with you via email, sms or the contact details you have provided.
Despite the above, delivery dates and times are estimates only While we will aim to deliver on the date, and during the window, that we have advised, we may not always be able to do so, and we will not be liable to you or any other person for any delay in delivery. Where delivery is delayed, we will endeavour to provide you with notice of the delay as soon as reasonably possible.
Our products are highly perishable and requires refrigeration at all times. By proceeding with the checkout, you agree that you or an authorised person will be at the delivery address to receive the product and place it in refrigeration.
If you or an authorised person are not present at the delivery address during the delivery window to accept the products, we will not leave the product/s unattended (unless otherwise agreed) due to the need for refrigeration.
If our delivery attempt is unsuccessful, we will contact you to reschedule delivery at another date and time, which may incur a re-delivery fee to cover our costs reasonably incurred in re-delivering and associated handling of the goods.
You agree that when we deliver products to you, risk in the products passes to you when the products are accepted at the Delivery Address.
You may choose to pick up your order from our site at Chadstone, Victoria, instead of using our delivery service. We will contact you using the contact details you provided to arrange a pick up time. You agree that, when you pick up your order, risk in the products passes to you when you pick up the products.
You may cancel an order by submitting a request by email up to 24 hours before the delivery window closes without incurring fees or charges for cancellation and we will refund you for your purchase.
If you cancel an order within 24 hours of the delivery window, we will refund you for your purchase, less a cancellation fee for the costs reasonably incurred from the cancellation.
RETURNS, REFUNDS AND EXCHANGES
You have certain rights and remedies (including, without limitation, consumer guarantee rights) under the Australian Consumer Law that cannot be excluded, restricted or modified by agreement. Nothing in these terms operates to exclude, restrict or modify the application of any provision, condition or warranty, the exercise of any right or remedy, or the imposition of any liability, implied or conferred under the Australian Consumer Law or any other statute, where to do so would contravene that statute, or cause any part of these terms to be void (Non-excludable Consumer Obligations).
You are entitled to a replacement or refund for goods purchased from us if the product does not comply with the consumer guarantees, including if the product is not of acceptable quality, fit for purpose, or if it does not match our product description. You are also entitled to compensation for any other reasonably foreseeable loss or damage.
Subject to the Non-excludable Consumer Obligations, we will not be liable for any cost, loss or damage caused by a delay in delivery.
Subject to the Non-excludable Consumer Obligations, we will also not be liable for any cost, loss or damage if you have not followed the refrigeration instructions for the product or if you were not present at the delivery address during the agreed delivery window.
Please choose carefully because, subject to the Non-excludable Consumer Obligations, you are not entitled to a refund if you simply change your mind.
It is your own responsibility to ensure that any products available through this website meet your specific, personal requirement prior to purchase. If you have food allergies, please check our ingredient list for each product before purchase and consumption. To the extent permitted by law, we will not be liable if you have an allergic reaction to any of our products that you have purchased and consumed.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of Victoria and Australia. If there is a dispute between you and minjums.com.au that results in litigation then you must submit to the jurisdiction of the courts of Victoria.
If you have any questions or concerns, please contact us at firstname.lastname@example.org and we will do our best to respond within 24 hours.