In these terms and conditions, “we” “us” and “our” refers to Chilli & Vanilla Pty Ltd (ACN 164 792 590). These terms and conditions, as amended from time to time, are the terms and conditions for your initial and ongoing use of our website and associated channels (“Website”) and your use of our food subscription service (“Service”) for food items selected by us (“Products”). By accessing and using the Website, you acknowledge that you have read, understood and agree to be bound by these terms and conditions (“Terms”).
1. USE OF THE WEBSITE
1.1 You must use the Website in accordance with these Terms and for your personal, non-commercial use. By using the Website you warrant that you are over 18 and legally capable of entering into a binding contract.
1.2 You are solely responsible and liable for all activity and communication on the Website initiated by yourself or via your registered account login (your “Account”).
1.3 You must not use the Website for any unlawful purpose, use the Website to engage in any offensive conduct or breach of a third party’s intellectual property rights; or interfere with the Website’s operation or security.
1.4 You must keep your Account login details secure and confidential, and notify us immediately of any actual or suspected security breach.
1.5 If you use a workplace email address or facilities for your Account or to access the Website, then you are solely responsible for ensuring that you comply with your workplace rules.
1.6 You must not attempt to damage the Website in any way or introduce any virus or harmful code to the Website.
1.7 As we deem necessary in our discretion, we can temporarily or permanently restrict your access to the Website or revoke your Account.
1.8 We may change the Website and the Service from time to time in our discretion.
2. INFORMATION ON THE WEBSITE
2.1 Please check your food box carefully to ensure that the Products (including any sample or promotional merchandise that we may include) are suitable for your needs, including in relation to any allergies, intolerances or dietary requirements. We make no representations about the suitability of the Products for you or persons to whom you may provide the contents. If you wish to report a food safety incident relating to the Products you have purchased please contact us immediately at email@example.com.
2.2 The Website may contain links to other third party websites. We do not endorse the content of these websites nor provide any warranties regarding the accuracy of their content.
2.3 Product descriptions, weights and sizes of Products are provided to us by the original manufacturers or distributors. While we use reasonable endeavours to ensure accuracy and completeness, subject to law, we are not responsible for the accuracy or completeness of this information.
3. ORDERS, SUBSCRIPTIONS AND CANCELLATIONS
3.1 The products and services provided by us are currently available to Australian residents only.
3.2 You may purchase a Subscription for periods of 1, 3 or 6 months (“Subscription Period”) for yourself or as a gift to a nominated person (“Gift Subscription”).
3.3 Gift Subscriptions cannot be cancelled (except as required by law), but they are not subject to an automatic renewal under clause 3.4 unless this option is selected at checkout.
3.4 You can also purchase a prepaid subscription gift card (“Gift Card”) for a user to redeem for a 3 month or 6 month Subscription. Gift Cards can be used for corporate or personal gifts. Users must redeem Gift Cards via the Website using the unique code on the Gift Card, or set out in a confirmation email, by the expiry date as specified on the Gift Card or confirmation email. We are not responsible for failure to enter the correct code.
3.5 If a Gift Card is not redeemed by the expiry date as specified on the Gift Card or confirmation email, it will expire with no refund or replacement right. We are not responsible for failure to redeem the Gift Card on time. Lost or stolen Gift Cards will not be replaced or refunded. Gift Cards are not redeemable for cash and cannot be exchanged. Gift Cards cannot be cancelled (except as required by law), but they are not subject to an automatic renewal under clause 3.6.
3.6 All Subscriptions automatically renew (“Subscription Renewal”), on the relevant renewal date (“Renewal Date”), on a 1, 3 or 6 month period according to your initially purchased Subscription Period.
3.7 You can cancel your Subscription through our Website at any time up to 2 business days before the next Renewal Date.
3.8 You can also order a one-off gift food box (“Single Gift Box”). You can order this as a gift, or as a try-before-you-buy for yourself, by specifying the delivery box at checkout. Contents of the Single Gift Box are the same as the Subscription box for the current month and will be delivered in accordance with the current Subscription cycle, unless you request a later delivery date which we can accommodate in our delivery schedule. We will let you know if we cannot accommodate the later delivery date.
3.9 Please review your order for a Subscription, Gift Subscription, Gift Card or Single Gift Box (“Order”) carefully before placing it. Orders are final once placed and are not subject to return or replacement except as set out in these Terms. We will provide you with a pro-rated refund if we are unable to fulfil your Order, including, for Subscriptions, where we cannot fulfil your Order in any given month of your Subscription.
3.10 We reserve the right to reject an Order for any reason. If an Order is rejected, you will be notified and a full refund provided.
3.11 If we subsequently cancel an Order, we will provide a pro-rated refund, except where the cancellation is due to your breach of these Terms.
4. PRICING, PAYMENT AND DELIVERY
4.1 Pricing for Orders are quoted at the point of sale and are in Australian dollars (AUD) and include any applicable taxes.
4.2 Pricing for Orders includes shipping in Australia to major metropolitan areas. We reserve the right to apply additional shipping costs if the postal address is located outside major metropolitan areas. We will advise you of any additional costs and give you the opportunity to cancel your Orders .
4.3 You authorise us to process the payment for your Order and any applicable Subscription Renewal via your nominated payment method. We use a third party PCI DSS compliant payment gateway to collect and process your credit card payments. No credit card details are stored or transferred by us.
4.4 We may change the pricing of new Orders from time to time. The price of a Subscription will be notified to you via the Website.
4.5 If we are unable to successfully process your payment for your order, then we may either give you an opportunity to update your payment details or notify you of the unsuccessful payment and cancel your Order.
4.6 You must not pay, or attempt to pay, for a Order through any fraudulent or unlawful means.
4.7 You may obtain further information on the Website about our delivery timeframes and how we deliver your Products. Delivery is subject to the carrier’s terms and conditions. Title to the Products passes to you on delivery, or full payment of your Order, whichever is later. Risk in the Products passes to you on delivery.
4.8 In cases of non-delivery via courier (including Australia Post) where the package is returned to us, a redelivery fee is applicable. This redelivery fee applies where:
- The courier has not been able to deliver the package to the address provided by the person placing the order;
- The courier has redirected the delivery to a local pick up point and a collection card has been left for the addressee – in this case, pick up time frames required by the courier apply (e.g. if no pick up occurs within 5 business days, then the delivery is returned to us)
- An incorrect address has been provided on placing the Order.
4.9 In these circumstances, contact will be made via email to advise of the returned package and the cost of the redelivery fee will be advised.
4.10 Payment of the redelivery fee is required prior to redelivery being made.
4.11 If you inform us that you do not wish to pay the redelivery fee, then we will refund the Order less a restocking fee of A$25.
4.12 f you do not respond to our email within 2 weeks, then we reserve the right to restock and refund the Order less a restocking fee of A$25.
5. ACCOUNT DETAILS
5.1 You are solely responsible for ensuring your Account details are correct and accurate. We do not accept liability for issues arising from your provision of incorrect details, such as incorrect delivery or incorrect payment information.
5.2 If we incur an expense due to your provision of incorrect payment information, we may seek reimbursement for that expense.
6. PRIVACY AND PERSONAL INFORMATION
7. COMPETITIONS AND PROMOTIONS
7.1 We may run competitions on the Website which will be governed by their own terms and conditions.
7.2 Promotional codes are subject to their own terms and conditions. They are only redeemable once per purchase and may be limited to specified products.
8.1 You indemnify us and our personnel from and against all losses and claims resulting from your breach of these Terms, any applicable law or any third party intellectual property rights.
8.2 To the extent permitted by law and except as set out in this clause 8, we exclude liability for any claims, losses, damage, cost or expense incurred by you in connection to your use of this Website, the Service or the Products. We do not warrant that the Website will be uninterrupted, error-free or free from viruses or harmful code.
8.3 To the extent permitted by law we exclude all representations and warranties, expressed or implied but not limited to those relating to fitness for a particular purpose.
8.4 Our Products 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 for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
8.5 Where a failure does not amount to a major failure, we are entitled to choose between providing you with a repair, replacement or refund.
8.6 To obtain compensation, you will need to provide documentary evidence of the loss or damage suffered, and documentary evidence that such loss or damage was a reasonably foreseeable consequence of our failure to comply with a consumer guarantee under the Australian Consumer Law. This evidence might include photographs, statutory declarations, receipts or reports (e.g. from your doctor), depending on the loss or damage.
8.7 Your rights to a remedy under the Australian Consumer Law are not limited by a defined time. However, the Australian Consumer Law recognises that the relevant time period can vary from product to product, depending on factors such as the nature of the product and the price. The type of remedy we will offer you may vary depending on how long it takes you to return the product to us.
8.8 You acknowledge that the Website is provided "as is" and that we do not make any warranty or representation as to the suitability of the Website or a Product for any purpose.
8.9 To the extent permitted by law, we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, negligence or otherwise unless that loss arises as a result of our own negligence or willful misconduct.
8.10 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, negligence or otherwise.
9. INTELLECTUAL PROPERTY
9.1 The contents of the Website are our intellectual property and you must not copy or reproduce them.
9.2 Chilli & Vanilla® is a registered trade mark.
9.3 Any third party trade marks included in the Website or Products are subject to the rights of the third party and remain the intellectual property of the third party.
9.4 If you provide any content to the Website, you grant us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, copy, adapt and sub-license that content for our purposes and you provide all necessary consents in relation to moral rights to enable us to do so. You warrant that you have the right to provide this licence and consent in relation to all such content.
10.1 This Website and the Service are only for use within Australia.
10.2 These Terms will be governed by and construed in accordance with the laws in New South Wales, Australia. You hereby agree to submit to the non-exclusive jurisdiction of the courts having jurisdiction in that state and courts of appeal from them.
10.3 Enquiries regarding these Terms & Conditions may be made in writing via email or mail:
Mail: Chilli & Vanilla
PO Box 89, Concord NSW 2137
10.4 These Terms (Version 1.3) are current as and from 1 February 2018.
10.5 Website contents copyright Chilli & Vanilla Pty Ltd (ACN 164 792 590). All rights reserved.