This Agreement is a contract between you and Gourmet Chef Foods Pty Ltd trading as Feed Me Australia. It sets out how you can purchase Goods from Feed Me. By placing an Order and using the Feed Me website, you are bound by this Agreement.
In these Conditions:
Agreement is the agreement between you and Feed Me to supply Good/s, and consists of the Order, these Conditions and the Policies;
Conditions are these conditions, and any additions or variations;
Delivery Address is the address where the Goods are to be delivered as stated on the Order;
Final Order Time means midday on any particular day;
Good and Goods are items in an Order, and include packaging;
Order is an order by you to purchase Goods from Feed Me;
Policies or Policy are the policies on the Feed Me website;
Product List is the list of Goods displayed on the Feed Me website; and
Delivery Fee is the fee payable to Feed Me for delivery of the Goods to your Delivery Address and handling and other costs associated with processing your Order and includes any re-delivery fees.
- The Agreement exists once Feed Me accepts an Order from you which occurs when your order and payment is processed. Each Order is a separate Agreement.
- After completing the order process on the website, you will receive an email from us acknowledging that we have received your Order. Please note that this does not mean that an Order has been accepted.
- We reserve the right to accept or reject an Order for any reason, including, but not limited to, if the requested Goods are not available or if there is an error in the price or the Goods description posted on the website or in an Order.
- If we reject an Order, we will endeavour to notify you of that rejection at the time you place an Order or within 2 days after you submit an Order.
- If we refuse an Order, a full refund, less any discounts, will be made within 2 days.
- Delivery of the Goods will be in accordance with our Delivery & Refund Policy.
- Refunds will be made in accordance with our Delivery & Refund Policy.
RISK AND TITLE
- Risk in the Goods passes to you upon delivery or collection, either at the Delivery Address or picked up from us.
- Title in the Goods passes to you upon delivery or collection and payment of the Goods.
- Goods in your Order are charged at the purchase price published at the time you submit your Order, and that appears on the Order confirmation, except;
- if a Good is out of stock, in which case you won’t be charged for that Good;
- if you modify your Order, in which case all prices will update to the prices at the time order was refreshed.
- Feed Me reserves the right to amend any pricing errors displayed due to human error, computer malfunction or other reason. Feed Me will notify you of any error in pricing and you may elect to not purchase any Good or Goods where the price has been corrected.
- Before or upon delivery of the Goods, we’ll provide you with a tax invoice with the total price for the Goods, including any credits or discounts applied and any other fees.
- You must pay the Delivery Fee for each Order to Feed Me as per Clause 4.
- You must pay any late cancellation fee that has been charged by Feed Me.
- By placing an order through the Feed Me website, you warrant that:
- you are legally capable of entering into binding contracts; and
- you are at least 18 years old; and
- you are resident in one of the areas of Delivery in the Delivery Areas.
- All information contained within, or linked to, the website is of a general nature and is intended to be used as a guide only. Any dietary, fitness, health, meal plan, or related advice provided is of a general nature.
- Feed Me strongly recommends that you seek advice from your registered Medical Practitioner or Dietician prior to purchasing Goods, to ask if Feed Me meals are suitable for your, or your family members’, specific circumstances. This is applicable, but not exclusive, to: expectant/feeding mothers; people with special dietary requirements; and, people with existing health/medical conditions.
- Whilst Feed Me takes all reasonable steps to ensure the accuracy and appropriateness of information contained in this website, it takes no liability (respecting Australian Consumer Law), for any inadvertent errors or for any losses or damages arising from a reliance upon the content.
- It is the Customer's responsibility to refer to the ingredient and nutrition panel of each meal prior to Purchase.
- Feed Me makes no representations about the suitability or fitness for purpose for any of the Goods.
- Feed Me takes all due care and endeavours to ensure that all allergy prone ingredients are kept out of certain Goods on the Product List that are described accordingly. Feed me does not assure that there are absolutely no allergy prone ingredients in any Goods.
- The Goods are manufactured in an environment which may be contaminated with allergy prone ingredients. The Goods may contain milk, nuts, eggs, seasame seeds, fish, crustacean, soy, solphites, gluten and other foods that may cause an allergic reaction.
- You waive the right to any claim or demand against Feed Me arising from any allergic reaction to the Goods.
- If you have a life threatening allergy, Feed Me advises that you do not consume the Goods.
- We may from time to time issue promotional codes. These promotional codes are personal to the individuals we issue them to and cannot be transferred or sold. The promotional codes are subject to the terms disclosed at the time of issue. We reserve the right to cancel any or all promotional codes at any time if we suspect error, fraud or any other abuse of the codes is occurring.
PACKAGING AND LABELLING OF GOODS
- Feed Me endeavours to provide up-to-date pictures and details of the Goods on our website. At times, the picture or details of the Goods may differ from the Goods actually supplied to you.
- Feed Me does not warrant the accuracy of the information contained in the Product List, descriptions and pictures and recommends that you read labels carefully before consuming Goods.
DISCLAIMER AND LIABILITY
- Our Goods 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 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. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.
- Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or Feed Me’s liabilities under those provisions:
- you acknowledge that whilst we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on the 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 or to the suitability of the website or a Goods for any purpose;
- we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the website or the subject matter of this Agreement;
- you acknowledge that the Goods displayed on the website are not an exact sample and are indicative only and that the Goods you receive may vary from those displayed;
- our total aggregate liability in connection with this Agreement is limited, at our option, to:
- if the breach relates to the Goods:
- replacement or resupply of the Goods; or
- the cost of replacing or resupplying the Goods;
- if the breach relates to the delivery;
- to the re-supply of the delivery; or
- the cost of having the delivery supplied again.
- in any event, will not exceed the total price paid by you to us under the relevant Order; and
- we will not be liable to you for indirect and consequential loss arising from or connected to this Agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind).
- Our liability to you for loss or damage of any kind arising out of this Agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
USERNAME AND PASSWORD
- You are responsible for the safekeeping of your user name and password, and you are liable if your account is misused by an unauthorised person.
PRIVACY & SECURITY
- Our Privacy & Security Policy is available on our website and forms part of this Agreement. You acknowledge and agree to our Privacy & Security Policy.
- Feed Me may immediately terminate or suspend this Agreement at any time by delivering notice (as specified in clause 17).
- Termination of this Agreement is effective the day notice is received, or such later date as specified in the notice. Feed Me may remove anyone from our system or refuse to deliver to a particular address at any time.
- We may stop making the website (or any part of it) available without prior notice. If so, any Orders that we have accepted will not be affected by this unless the Goods that have been ordered are no longer available or we are prevented from supplying the Goods, in which case, we will notify you and will refund to you all valid payments received by us for those Goods.
- You may cease placing orders at Feed Me at any time.
- Feed Me may give notice to you by email, conventional mail or notice on the Feed Me website.
- You may give notice to Feed by email to [email protected]
- These Conditions contain the entire understanding between the parties concerning the subject matter of these Conditions and supersedes all prior Conditions.
- Feed Me’s failure to enforce any provision under these Conditions will not waive our right thereafter to enforce any such provisions.
- You are not permitted to purchase any items for resale to a third party or for trade purposes.
- Each provision of this Agreement is severable.
- The Agreement remains enforceable even if individual clauses are removed or deemed unenforceable.
- The website may contain links to other websites (linked Websites). Those Linked Websites are provided for convenience only and may not remain current or be maintained.
- The 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 stipolate to the contrary.
- 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, the Linked Websites and your use of them or any products or services available on or through the Linked Websites.
- The laws of Western Australia govern this Agreement.
- Each party submits to the non-exclusive jurisdiction of the courts of that place.
- Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these Conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.