Terms and Conditions
In these Conditions:
Agreement is an agreement between you and Network Foods online to supply goods, and consists of the Order and these Conditions
Conditions are these conditions, including any additions or variations;
Delivery Address is the address where the goods are to be delivered as stated on the Order Form;
Goods are items in an order, including packaging;
Intellectual Property Rights includes copyright, trademarks, patents, designs and protection of confidential information;
Order is an order placed by you to purchase goods from Network Foods online;
Product List is the list of goods displayed on the Network Foods online web site; and
Delivery Fee is the fee payable to Network Foods online for delivery of the goods to your Delivery Address and handling and other costs associated with processing your order, including but not limited to a click and collect order.
2. THE AGREEMENT
An agreement exists once Network Foods online accepts a placement of Order from you which occurs when your order and payment is processed.
Accurate information: Information provided by you in your application must be accurate and complete. You must make all effort to inform Network Foods online if there’s a change to your details.
Delivery area: Orders for delivery to addresses that are not in the Network Foods online delivery area can’t be processed. We’ll let you know if your Delivery Address ceases to be in an area where Network Foods online delivers Goods.
Business Customers: Customers wishing to set up a business account can email businessorders@NetworkFoods.com.au. Business customers will be bound by these conditions, but will also be bound by the additional terms specific to business customers that will be provided at the time of setting up a business account.
ORDERS, DELIVERY AND COLLECTION OF GOODS
Late cancellation fee: If you cancel an Order after the order cut off time, Network Foods online may charge you and you must pay a late cancellation fee.
Delivery: Network Foods online will deliver the Goods to you at the Delivery Address within the specified time agreed with you. Network Foods online won’t commit to delivery beyond the front door of your home or office building. ‘Front door’ means the front door or a point beyond which entry into the interior of the building occurs. If you request Network Foods online to deliver the Goods beyond your front door and we agree that it is practical to do so, you agree to continually indemnify and hold harmless Network Foods online (including its officers, employees, contractors and agents) from any Loss suffered or incurred through the delivery of the Goods beyond your front door. 'Loss' means any loss including any liability, cost, expense, claim, proceeding, action, demand or damage.
Authorised receipt of Goods: Anyone at the Delivery Address (or upon collection) who receives the Goods shall be presumed by Network Foods online to be authorised to receive the Goods. If the Order contains alcohol products, Network Foods online may request evidence that they are 18 years or older. If the person receiving the Goods is unable or unwilling to provide satisfactory evidence of proof of age, Network Foods online may refuse to deliver the Goods. Network Foods online may refuse to provide liquor to a person who is intoxicated or disorderly.
Additional delivery fee: If there’s no one at the Delivery Address or no one of appropriate age to receive, sign and pay for the Order when the Goods are delivered, the Goods won’t be left at the Delivery Address. We’ll endeavour to contact you and may charge an additional delivery fee. A cancellation fee may also apply.
Provision of liquor and similar products: If the Order includes liquor or other products where there’s a minimum age required to purchase, you must ensure that a person over the age of 18 years is available to accept these Goods. Delivery of liquor will be subject to liquor licensing requirements and will not be made to premises which are declared to be restricted areas or premises or to persons who are under 18 years of age or are intoxicated or disorderly.
1. Minimum order value: Network Foods online sets from time to time a minimum order value. The minimum order value excludes the Delivery Fee. Network Foods online may decide to accept an order which is below the minimum order value. Doing this in one instance won’t oblige Network Foods online to accept an order which is below the minimum order value at any other time.
3. RISK AND TITLE IN THE GOODS
Risk and title in the Goods passes to you upon delivery or collection and payment for the Goods, at the Delivery Address.
CREDITS AND REFUNDS
You can make a claim for a refund or credit if:
a. you believe that Goods we charged you for were not provided; or
b. there is a fault or defect with the Goods you have purchased.
Email online.customercare@NetworkFoods.com.au to lodge your claim. We’ll assess your claim and are happy to offer a credit or refund for any missing or faulty Goods.
Network Foods online won’t pick up any Goods that you don’t accept and that you have not returned with the customer service agent. However we may need to inspect the Goods before making an assessment, therefore please keep them until we advise they can be discarded.
Credit for the value of any Goods that are validly sent back with the customer service agent (or Network Foods team member upon collection) or credits applied for any other reason (including customer care or promotional activity), will be applied to your next Order as long as the Order is worth more than the credit. Network Foods online credit is valid for one year from the date of issue. You can check the expiry date or balance of your credits by emailing online.customercare@NetworkFoods.com.au.
Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. Regardless of anything in this section 6, you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You're 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.
4. PRICE OF GOODS AND PAYMENT
Delivery Fee: If required by Network Foods online, you must pay the Delivery for each Order to Network Foods online.
Additional fees: If charged by Network Foods online in accordance with clause 4, you must pay any late cancellation fee or additional delivery fee.
Card fees: If charged by Network Foods online, you must pay eftpos, or credit or debit card processing fee.
Specials: Network Foods online offers many catalogue specials and exclusive online promotional specials, but please be aware some Network Foods specials are not available at Network Foods online.
Total price of 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:
- a.if a Good is out of stock, in which case you won’t be charged for that Good;
- if you haven’t nominated that you won’t accept a substitute Good, the substitute Good will be charged at the lower of the original or the substitute price at the time the substitute Good is processed for your Order;
- if you have ordered a Good that is priced per kilo, in which case you’ll pay the lower of the per-kilo price at the time you placed your Order and at the time your Order is processed.
- if you amend your Order, in which case all prices will update to the then-current prices.
Pricing Errors: Network Foods online reserves the right to amend any pricing errors displayed due to human error, computer malfunction, typographical error or other reason. Network Foods online will notify you of any error in pricing and you may elect to not purchase any Good/s where the price has been corrected.
Tax invoice Where applicable: Before or upon delivery of the Goods, we’ll provide you with a tax invoice with the total price for the Goods, including credits applied and any other applicable fees.
Method of payment: At the time you place the Order, you’ll be required to select your payment method being either EFTPOS at time of delivery (where available), online payment by credit card, or customer account for approved business customers. Unless otherwise agreed, in order to receive the Goods you have ordered, payment must be received by the selected payment method.
5. PROMO CODES
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.
If you owe money to Network Foods online under one Agreement, Network Foods online may set-off that money against any money that Network Foods online owes to you under another Agreement. If Network Foods online owes money to you under one Agreement, Network Foods online may set-off that money against any money that you owe it under another Agreement.
1. OUT OF STOCKS AND SUBSTITUTION
Network Foods online doesn’t provide rainchecks on Goods ordered by you. Network Foods online will select for you (unless you advise otherwise via your account or at the time of order) a substitution for Goods that are out of stock. Network Foods online will try to ensure that all Goods you order (and any agreed substitutes) are supplied. Network Foods online can limit sales to reasonable or normal household quantities.
PACKAGING AND LABELLING OF GOODS
Network Foods online aims to provide up-to-date pictures and details of the Goods on our site. At times, the picture or details of the Goods may differ from the Goods actually supplied to you. Network Foods online 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.
2. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that Network Foods online or its related companies own or are licensed to use all Intellectual Property Rights in Network Foods online, including any images, photographs or text that appears on the Network Foods online web site. You must not make any representation to the contrary and you must not use or copy Network Foods online in any manner inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. You acknowledge that any trademarks or logos that appear on the Network Foods online web site are owned by or licensed to Network Foods online or its related companies, and that you must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.
3.1 Network Foods online will use reasonable care and skill in providing the Network Foods online website for your use.
3.2 We are responsible for loss suffered by you as a result of:
a. our negligence if it causes personal injury or death; or
b. serious breach of this Agreement by us,
if that loss was reasonably foreseeable at the time.
3.3 Subject to clause 3.2 and to the extent permitted by law, you release and discharge Network Foods online and its related companies from all forms of direct, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with Network Foods online or this Agreement (including the installation, downloading, use or performance of any software related to the Network Foods online website).
3.4 Provided that it’s fair and reasonable to do so, any liability by Network Foods online resulting from a breach of warranty (express or implied) will be limited as follows:
- If the breach relates to the Goods, to the replacement of the Goods or the supply of equivalent goods.
- If the breach relates to deliveries, to the re-supply of the delivery or the cost of having the deliveries supplied again.
These limitations don’t apply to any condition or warranty implied by legislation that does not permit Network Foods online's liability to be limited.
4. USE OF THE WEBSITE
5. THIRD PARTY WEBSITES
This website contains links to websites controlled by third parties (third party websites). Network Foods online isn’t responsible for any content on third party websites nor does it endorse or approve those websites. If you choose to visit third party websites you do so at your own risk and should make your own enquiries before relying on any content you view there.
- Network Foods online makes no representations that third party websites do not infringe anyone’s intellectual property rights.
- USERNAME AND PASSWORD
You are responsible for the safekeeping of your user name and password, and you’re liable if your account is misused by an unauthorised person.
- NOTIFICATION OF CHANGES
Network Foods online may add to, delete, or otherwise change any of the terms of this Agreement by giving you notice as provided. Your use of Network Foods online after notice will constitute your deemed acceptance of such changes.
- PRIVACY AND SECURITY
Network Foods online may terminate or suspend this Agreement at any time by delivering notice (as specified in clause 20) or by sending you a message advising that your shopping privileges have been removed. Termination of this Agreement is effective the day notice is received, or such later date as specified in the notice. Network Foods online may remove anyone from the system or refuse to deliver to a particular address at any time. You may cease placing orders at Network Foods online at any time.
Network Foods online may give notice to you by email, conventional mail or notice on the Network Foods online site. You may give notice to Network Foods online by email.
Each provision of this Agreement is severable. The Agreement remains enforceable even if individual clauses are removed or deemed unenforceable.
The laws of Victoria govern this Agreement.
- Network Foods supports the responsible service of Liquor.
- © Copyright Network Foods 2017