Terms & Conditions Shopping at Fine Food Direct requires the inclusion of certain terms and conditions to satisfy the interests of you, the purchaser, and Fine Food Direct, the seller. In shopping with us you will be accessing, using and/or browsing this website. It is agreed that you are bound by the following terms, conditions, disclaimers and limitations of liability ("Terms and Conditions"). Fine Food Direct reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability, at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions. The following Terms and Conditions govern the use of Fine Food Direct ("the website") and the purchase of any goods or services from it. The website is owned and operated by Fresh Food Enterprises Pty Ltd (ABN 79 007 157 253). For assistance you can contact us on 61 (0) 3 9646 5999 between 9am - 6pm Monday to Friday, or email via info@finefooddirect.com.au Limitation of Liability Disclaimer Fine Food Direct disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. Fine Food Direct makes no warranty that this website, any information or ideas contained on this website, or any products or services will meet your requirements. You further acknowledge and agree that, subject to the section dealing with "Limitation of Liability", Fine Food Direct will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website. Copyright in the Fine Food Direct website is property of Fine Food Direct. These Terms and Conditions are governed by the laws in force in New South Wales, Australia, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia, and any courts, which may hear appeals from those courts. Orders Our rights are reserved in relation to not providing goods or services, terminate membership accounts, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights. Cancellation of orders Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns and Exchanges. Prices of goods and services, postage and handling fee, and other charges displayed on the website are current. The amounts nominated can be varied and changed without notice. All contents of this website are factual and correct to the best of our knowledge, but we do not warrant that the content is without error. Delivery All efforts will be made to deliver goods within the estimated time frame for delivery - however, Fine Food Direct cannot be held responsible for delays or conditions which may affect delay. You are obliged to contact Fine Food Direct in the event of a delivery not arriving within the estimated time, or of any other matter that relates to the non-arrival of an order by the anticipated date. We will not be held liable for any loss or damage resulting from late delivery. Should the event occur when an item has been lost in transit, we will not dispatch a replacement item until the matter has been thoroughly investigated, and even then, any replacement will be at our discretion. Customers have the option to nominate the "Recipient to sign for delivery" which means you agree that once the delivery has been signed for by yourself or a nominee that you are satisfied that the goods have been received. If you do not select the "Recipient to sign for delivery" option, you agree that when the delivery is made by Australia Post or a courier, that the agreement between yourself and ourselves is seen to have taken place as per our terms and conditions. Fresh items will only be delivered to an office or a residence within a stipulated time-frame during which there will be someone in attendance at that address to take delivery of the fresh goods. Should there be no one in attendance to take delivery of fresh goods, the goods will be returned to the warehouse and new arrangements made for re-delivery. A cost to make the second and any subsequent delivery will be charged to the purchaser.
Any liability of Fine Food Direct or Fine Food Direct’s Associates in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation, and to the maximum extent permitted by law at the election of Fine Food Direct are limited to:
the supply of goods and services, the replacement or repair of goods, the supply of equivalent goods and services, the payment of the cost of replacing or repairing the goods or making good the services or the payment of the cost of obtaining equivalent goods; or supplying the services again or the cost of services supplied again.
All information contained on the website is provided by Fine Food Direct in good faith. To the best of knowledge available at the time of documentation, the information is accurate. In regard to this, Fine Food Direct, and its related bodies corporate, any of their directors, officers, employees, consultants or shareholders ("Fine Food Direct’s Associates") do not make any representation or warranty as to the accuracy or completeness of the information supplied and included in this website.
Orders placed by you to Fine Food Direct represents your indication to purchase goods and/or services from Fine Food Direct but does not necessarily represent our acceptance into any such agreement. We will not fulfill orders until we are satisfied that the payment process is validated, and satisfied with the integrity of the order, especially when the recipient is to be a third party. This particularly relates to the sale of alcohol, which may form part of a gift to a third party. Fine Food Direct is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product.
To cancel an order, please contact us immediately on 61 (0) 3 9646 5999. Our agreement with you only comes into existence once we have processed your payment or deposit. Once we have accepted payment for an order, cancellation of the order is within our sole discretion.
The purchaser has the responsibility to provide Fine Food Direct with accurate details for deliveries and the nomination of a time frame when someone will be at the address to receive the delivery.
Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from a late delivery.
Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.
Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.
Returns or Exchanges
The return of goods ordered by you is limited only to situations where there is a legal obligation for such goods to be returned (i.e. damaged or faulty goods) or is via discretion of Fine Food Direct.
If you return goods via an Australia Post Office, please keep the appropriate proof of return. Otherwise, if the returned item goes missing in transit to us, we will deem you not to have returned the item. It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return transit.
Except where required by law, all returned products must be:
Unused, unopened and in original condition
Undamaged
Returned within 14 days of delivery
In a saleable condition upon return
Fine Food Direct will not refund any postage and handling fees, gift-wrapping and any other associated costs in providing the goods.
Products that were purchased in conjunction with a promotion and were subsequently delivered with a Free Gift, must be returned with that Free Gift to receive a full refund for the original item purchased. If the original item is returned without the Free Gift, the value of the gift will be charged to the purchaser via the original payment method.
Damaged or Faulty Goods
Except where required by law, you must return damaged goods within 14 days of receipt. If a product is later deemed to be faulty, normal warranty conditions for that product apply. It is the recipient's responsibility to incur all costs and to follow warranty instructions as stated on the product warranty card, as specified by the manufacturer.
In the event that you receive a defective or damaged product, we will refund the original product price, postage and handling fee, gift-wrapping and other fees, via the original method of payment. Alternatively, if you request a replacement, we will dispatch your replacement item (subject to availability) once we receive the return, at our cost.
Please note that all products that are found to be non-defective will incur the postage and handling fee of returning the item to Fine Food Direct.
Indemnity
All purchasers agree to waive any and all claims that you now have, or may have in the future, against Fine Food Direct and our associates and which relate to, or are incidental to, any transaction.
You agree to indemnify and hold Fine Food Direct harmless from and against any and all claims, loss or expense that may be incurred by Fine Food Direct or our associates which relate to, or are incidental to, the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action, or instituting or defending any action or legal proceeding.
You further agree to indemnify and hold Fine Food Direct and our associates harmless from any claim made by any third party due to, or arising out of, your use of this website.
