Terms Of Sale

Important Notice:

The Company may amend these Terms of Sale from time to time without notice.  It is your responsibility to regularly check these Terms of Sale for any changes made prior to your Online Purchase.  Your continued use of the Site or Online Purchase following the posting by us of any version of these Terms of Sale confirms your acceptance of the Terms of Sale and all changes.

Please refer to our separate Terms of Use of the Site and Privacy Policy.  If there is any inconsistency between the Terms of Sale and either the Terms of Use or the Privacy Policy, Terms of Sale will prevail to the extent of the inconsistency in respect of Online Purchases.

 

Terms and conditions

Family & Friends Opening Offer

50% off your order total when you add a minimum of 3 or more items to your cart. Offer ends 4/12/20, while stocks last. Not in conjunction with any other offer. $5 flat rate shipping must be selected at checkout. 

 

Placing an order

To purchase a product, please select a product by placing it in the Site shopping cart. Your selection of a product constitutes an offer by you to the Company to buy the selected product ("Order").  All Orders are subject to acceptance by the Company and are subject to availability.  The Company will confirm receipt of the Order by e-mail.

The Company will confirm acceptance of the Order when your payment is received in full as cleared funds by dispatching the products to you and by sending an invoice to you by email confirming that your order has been accepted.

Price

The cost of your Order will be the price of the products ordered on the Site. However, you will be solely liable for all credit card charges, including bank charges on the transaction for each Online Purchase. The Company will add any transaction charges by your financial institution to the payment. Additional costs may apply as outlined in the 'Product Returns' section of these Terms of Use. As indicated in Weights and Measures, we may need to refund you in the event your purchase weighs less than your original order.

At this time the Company delivery Metro Sydney extending to Woollongong and Newcastle. We will charge you $15 for a chilled/frozen delivery depending on your product selection. Please call us on (02) 8045 2444.

Due to circumstances beyond our control, prices may have to be altered once you place an Order, including as a result of any variations in the rate of GST.  If this occurs the Company will notify you and request that you reconfirm the Order at the altered price.

Payment

We only accept Visa, MasterCard and American Express credit cards issued in Australia as methods of payment for an Online Purchase.

You must be 18 years of age or older to make an Online Purchase and you may only use your own credit card.

We use ...... To enhance the accuracy of your e-commerce purchase.

To pay for an Online Purchase simply complete the requested details when prompted to do so in the "Checkout" section of this Site.

Once your payment has been authorised by your bank, the Order will be processed.

You may only make an Online Purchase if you are a resident in Australia. 

Delivery

Online Purchases can only be delivered within metro Sydney (including Woollongong and Newcastle at this stage.

Our carrier is unable to deliver to the following locations:  airports, hospitals and prisons.  Our carrier is also unable to deliver the products if the delivery address is parcel locker.  Accordingly, any Orders with parcel lockers entered as the delivery or shipping address will be rejected and the products not sent or delivered.  We reserve the right in our sole discretion to refuse to deliver products to any locations that represent an obvious hazard to the safety of the carrier or to the protection of the products.

To maintain food safety, your on-line order will be picked up on the same day of order if before 2pm; we expect that the package will arrive at your nominated address on the next day. Please ensure it is store immediately in a refrigeration between 0-4 degrees Celsius.

For each Order you make for an Online Purchase of a product you agree that:

  1. the product will be delivered to the address you nominate in your Order;
  2. you or someone acting on your behalf must be present at the delivery address specified in the Order during normal business hours;
  3. if you or your agent are not present when the products are delivered
  4. the Company is not responsible for products sent to an incorrectly supplied address;
  5. the Company is not responsible for products left for you at your nominated address but not accepted in person.

If your Order fails to arrive within 5 business days of the date of your Order, please Contact Us in writing or by phone.  We will investigate your claim and if we are satisfied that the product has not been delivered to your nominated address or to a suitable delivery depot from where you may collect your Online Purchase products, then subject to the other terms and conditions in this Terms of Sale, the Company will send replacement products to satisfy your Order .

You are not entitled to exercise any right of set-off against moneys payable to the Company in respect of your Online Purchase.

Title in the product of an Online Purchase remains with the Company until the Company receives payment in full for the product.

Risk in the product of an Online Purchase passes to you upon delivery of the products to the address you specified in the Order.

Product Returns

If Company delivers you a product that you consider is not in accordance with your Order please notify us in writing or contact us by phone.

Order Cancellations

Orders accepted by the Company will only be cancelled by the Company in its sole discretion, including the recovery of its reasonable costs for the acceptance of the Order, delivery of the products and its cancellation. You may Contact Us. in order to make a request for the cancellation of the Order.

Product Description and Availability

We take all reasonable measures to ensure that details, measurements and descriptions of the products given on this Site are as accurate and complete as possible but there may be variations between these and the products supplied for an Online Purchase. We do not warrant that the product descriptions are complete or error-free.

All products are subject to availability. 

Intellectual Property

All intellectual property rights in the products supplied by means of an Online Purchase are retained by the Company.

Disclaimer

Company gives no warranties of any kind (whether express or implied) in relation to any Online Purchase products.  Company acknowledges that the products supplied to you come with guarantees under the Australian Consumer Law that cannot be excluded.

Company will not be liable for any loss resulting from any action or decision by you in with respect to the payment gateway used on this site.

Limitation of Liability

Under no circumstances, including, but not limited to, the Company's negligence, shall the Company be liable for any consequential, incidental, indirect, punitive, or special damages that result from (A) an Online Purchase, (B) the delivery of Online Purchase products, (C) or the failure to deliver Online Purchase products, even if the Company or an authorized representative of the Company has been advised of the possibility of such damages. To the extent that the Competition & Consumer Act, 2010 ("Act") does not allow the exclusion or limitation of consequential or incidental damages, the above limitation or exclusion may not fully apply to you.

To the extent permitted by law, the liability of the Company, its officers, employees and agents, for any breach of these Terms of Sale and/or the supply of the Online Purchase products to you, including all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) (Claim) shall not exceed the purchase price of the Online Purchase product(s) you purchased in connection with the Claim

Without limitation to the foregoing (including the Disclaimer section of these Terms of Sale), Company’s liability, if any, for any breach of a condition, warranty or guarantee implied by the Act, which cannot be excluded, is limited to any one or more of the following as determined by Company in its absolute discretion:

  1. in the case of goods, the replacement or repair of the goods or the supply of equivalent goods; or the payment of the cost of repairing the goods or of supplying equivalent goods; and
  2. in the case of services, the supply of the service again; or the payment of the cost of having those services supplied again.

Indemnity

You agree to indemnify and keep indemnified Company from and against any Claim and all costs, loss, liability, claims or damages which Company incurs or suffers as a result of any default by you in respect of these Terms of Sale or of any act or omission by you in connection with your use of the Site.

Termination

The Company reserves the right to terminate any Online Purchase upon notice before delivery of the Online Purchase product. Company will reimburse you the purchase price of the Online Purchase product if Company terminates your Online Purchase.

General Provisions

These Terms of Sale and any additional terms posted on the Site together constitute the entire agreement between the Company and you with respect to your Online Purchase. No waiver of any obligation by the Company will be effective unless in writing and executed by the Company. If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Sale, or any portion thereof, to be unenforceable, that provision or portion shall be deemed severable, and shall not affect the validity and enforceability of any remaining provision of these Terms of Sale. These Terms of Sale shall be governed by and construed in accordance with the laws of New South Wales, Australia, without reference to its conflicts of law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts of appeal from them for determining any dispute concerning these Terms of Sale. The Company reserves the right to commence proceedings in any jurisdiction and under the law of that jurisdiction in order to enforce its rights under these Terms of Sale.

The Foodsmiths (the brand) is a fully owned subsidiary of Innova Foods (the Company). When you access, browse or use this Site you accept and agree to, without limitation or qualification, the terms and conditions set out below (Terms of Use) and any other terms, conditions, notices or disclaimers placed by the Company on this Site.  

Disclaimer

Your use of the Site is t your own risk. The Site (including all content and functions made available on or accessed through the Site) is provided "as is." To the fullest extent permissible by applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties, guarantees and conditions of merchantability and fitness for a particular purpose, workmanlike effort, title, and non-infringement. Furthermore, the Company does not warrant that the server that makes the Site available is free of viruses or other harmful components that may infect, harm, or cause damage to your computer equipment or any other property when you access, browse, download from, or otherwise use the Site.
 
All health and medical information or advice displayed on this Site, if any, is not intended to be relied upon or used by you in isolation.  We may use the services of qualified health and medical professionals but the Company is not qualified to and does not provide medical advice.  Any health or related information displayed on this Site should not be used in place of the advice of your doctor or other health care provider.  We do not recommend the self-management of health or medical problems, nor do we promote or recommend any particular form of medical or alternative treatment.  You should never disregard medical advice or delay seeking it because of something you have read on this Site.  You should always seek prompt medical care for any specific health issue.

The inclusion of any advertising or other information or third party material on any page of the Site which promotes products or services to be supplied by a party other than the Company does not imply that Company endorses or recommends any such party, product or service.

Company will not be liable for any loss resulting from any action or decision by you in reliance on the material or content on the Site, nor any interruption, delay in operation or transmission of the Site.  You are solely responsible for any damage to your computer systems or loss of data that results from your use of the Site.

You expressly acknowledge and agree that Company does not exert control over users of the Site and Company is not liable either for their opinions or their behaviour, including any information or advice and any defamatory statements or offensive conduct on their part or the breach of any law including those relating to privacy.

Limitation of Liability

Under no circumstances, including, but not limited to, the Company's negligence, shall the Company be liable for any direct, consequential,  incidental, indirect, punitive, or special damages that result from (A) the use of, (B) the inability to use, (C) errors or omissions in the contents and functions of, the Site, even if the Company or an authorized representative of the Company has been advised of the possibility of such damages. To the extent that the Competition & Consumer Act, 2010 does not allow the exclusion or limitation of consequential or incidental damages, the above limitation or exclusion may not fully apply to you. In no event shall the Company's total liability to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) exceed AUD$1.00.

Without limitation to the foregoing, Company’s liability, if any, for any breach of a condition, warranty or guarantee implied by the Competition & Consumer Act, 2010 which cannot be excluded is limited to any one or more of the following as determined by Company in its absolute discretion:

  1. in the case of goods, the replacement or repair of the goods or the supply of equivalent goods; or the payment of the cost of repairing the goods or of supplying equivalent goods; and
  2. in the case of services, the supply of the service again; or the payment of the cost of having those services supplied again.

Use of Site by Children

While this Site may be viewed by children, we do not ensure that all content on the Site is appropriate for children of all ages.  All visitors to this Site under 18 years of age must obtain the consent of their parents or legal guardians. Children using the Site will be subject to and are bound by these Terms of Use and your parent or guardian will be deemed to accept the application of these Terms of Use to your use of this Site.  Company requests parents and guardians to supervise their children when accessing or using the Site.  No Submissions should be submitted to, or posted at, the Site by visitors under 18 years of age without the consent of their parent or guardian.  If you are under 18 years of age and you post a Submission you and your parent or guardian will be deemed to accept the application of these Terms of Use to that Submission.

Termination

The right to access and use the Site granted by way of these Terms of Use is effective until terminated by either party. You may terminate such right under these Terms of Use at any time by destroying all Site material obtained by you or held in your possession and all related documentation and all copies and installations thereof, whether made under the terms of these Terms of Use or otherwise. Your right to access and use the Site will terminate immediately without notice from Company if in Company’s sole opinion you fail to comply with any term or provision of these Terms of Use.

Upon termination, you must destroy all Site materials and third party user materials obtained by you or held in your possession and all copies thereof, whether made under the terms of these Terms of Use or otherwise. All other provisions of these Terms of Use which in order to give effect to their meaning need to survive the termination of your right to access and use the Site (including without limitation all restrictions imposed on you, licenses granted by you and indemnities provided by you together with all disclaimers and limitations of liability in favour of Company) will survive termination.

General Provisions

These Terms of Use and any additional terms posted on the Site together constitute the entire agreement between the Company and you with respect to your use of the Site. No waiver of any obligation by the Company will be effective unless in writing and executed by the Company.  Any alleged claim or cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the alleged claim or cause of action arises. If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Use, or any portion thereof, to be unenforceable, that provision or portion shall be deemed severable, and shall not affect the validity and enforceability of any remaining provision of these Terms of Use. These Terms of Use shall be governed by and construed in accordance with the laws of New South Wales, Australia, without reference to its conflicts of law rules. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts of appeal from them for determining any dispute concerning these Terms of Use. The Company reserves the right to commence proceedings in any jurisdiction and under the law of that jurisdiction in order to enforce it rights under these Terms of Use.