Terms & conditions
1. Purpose of Policy
1.1 This policy (together with the documents referred to on it) tells the customer (you/your) the terms and conditions on which Bring Me Home Pty Ltd (we/our/us) will supply to you the products (Products) listed on our website bringmehomebox.com.au (Website), via one of our subscription services (Services).
1.3 Please read these Terms and Conditions carefully before ordering any Products from the website or subscribing to one of our Services. You should understand that by ordering any of our Products or subscribing to one of our Services, you agree to be bound by these Terms and Conditions and any policies stated on the Website.
1.4 We reserve the right to amend these Terms and Conditions and any policies at any time and your use of the Website following any amendments will represent your agreement to be bound by these Terms and Conditions and policies as amended.
2. Service Availability
2.1 The Site is only intended for use by people residing in nominated areas of Australia (Service Areas/ Delivery Zone). We do not accept orders from individuals outside those Service Areas. Customers must provide a valid email address and credit card for all orders accepted online. We do not accept orders by phone.
3. Your Status
3.1 By placing an order through our Website, your warrant that:
- you are legally capable of entering into binding contracts;
- you are at least 18 years old; and
- you are a resident in one of the Service Areas.
4. Formation of Contract - Flexible Subscription
4.1 After completing the subscription or order process on the Website, you will receive an email from us acknowledge that we have received your order (Order). Please note that this does not mean that an Order has been accepted.
4.2 All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Products have been ordered (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
4.3 Each Order that we accept results in a separate binding agreement between you and us for the supply of those Products or Service. For each Order accepted by us, we will supply the Products or Service in that Order to you in accordance with these Terms and Conditions.
5. Acceptance or rejection of an Order
5.1 We reserve the right to accept or reject an Order for any reason, including if the requested Product is not available or if there is an error in the price or the Product description posted on the Website or in an Order.
5.2 If we reject an Order, we will endeavour to notify you of that rejection at the time you place an Order or within 7 days after you submit an Order.
5.3 You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, we will endeavour to contact you when you place an Order or within 7 days after you submit an Order.
5.4 If we refuse an Order on or prior to delivery but after our relevant weekly order cut-off, a full refund, less any discounts, will be made within 10 Business Days.
6. Subscription Services and Management
6.1 When you place an Order for a subscription Product you enter into an agreement to receive the Product on an ongoing basis. You will be charged for your initial order upon completing the initial transaction on the site. Unless you have cancelled or modified subscription or delivery preferences, subsequent orders will be charged on a recurring basis, according to the relevant weekly/fortnightly Cut-Off date (according to day subscription was made).
6.2 There is no minimum subscription term and no cancellation fee. You can cancel or skip your subscription at any time before the relevant weekly Cut-Off. The cut off period to cancel, pause, skip or edit your order is 1 day prior to your next payment cycle. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
- Monday deliveries: Changes have to be made by 5pm the day prior to Monday (Sunday).
- Wednesday deliveries: Changes have to be made by 5pm the day prior to Wednesday (Tuesday).
- Friday deliveries: Changes have to be made by 5pm the day prior to Friday (Thursday).
- Cancellation of an order after the cut off time will result in a full charge
6.3 Subscription cancellation and adjustment requests can be received through email or directly through www.bringmehomebox.com.au. Changes to address details and/or delivery instructions must be communicated via the methods and by the cut-offs outlined in these Terms and Conditions.
6.4 We are not liable for any charges you incur as a result of out of date payment information. If we incur an expense due to incorrect payment information provided by you, we reserve the right to seek reimbursement from you for such expense.
6.5 We reserve the right not to renew your subscription at our reasonable discretion and will provide sufficient notice to you.
7.1 From time to time we may need to revise the price of the Products. For any price variations in relation to the Services, we will provide notice by email no less than 14 days before the changes take effect. After such time, we will apply the revised pricing to your existing payment details. You do not need to do anything to accept the change of price. You are under no obligation to accept the price revision and may suspend or deactivate the Services before Products are delivered under the new pricing plan.
7.2 The price of the Products and our delivery charges will be as quoted on the Website from time to time, except in cases of obvious error.
8.1 Payment for all Products and Services must be by credit or debit card or any other payment method listed on the online checkout page of the Site.
8.2 Orders will be charged to your nominated payment method. It is your responsibility to ensure your accepted payment method details are valid and up to date. We accept Visa, MasterCard, and American Express Cards as payment methods. It is your responsibility to ensure that sufficient funds are available at the time of payment processing.
8.3 Failed Payments
- Payment failures may be due to insufficient funds, incorrect or outdated payment information, and transaction disputes. If we are unable to debit your payment method your Order may still be dispatched and the sale will be deemed to have occurred.
- In such instances Bring Me Home will re-attempt the payment process. We reserve the right to re-attempt payment on the nominated payment method to recover any outstanding amounts.
- In the event that payment re-attempts are unsuccessful we reserve the right to recover the debt through alternative means, either directly or through a third-party.
- We reserve the right to suspend or terminate future deliveries when payments are outstanding.
- If you fail to settle outstanding amounts within ten days of the order cut-off date a late payment fee may apply.
8.4 Debt Collection
- You acknowledge that we may pursue and attempt to collect any outstanding amounts as a result of any declined and outstanding payments on your account. You agree and allow us to contact you to discuss those failed payments.
- If we are unable to receive or gain any satisfactory guarantee for payment, your name, contact information, and order details may be referred to an external debt collection agency. You will be liable for any fees or charges incurred as a result of this referral.
8.5 Suspected fraud accounts
- We reserve the right to investigate all accounts where we suspect incorrect or fraudulent activity occurred.
- We reserve the right to terminate your order or accounts following the investigation.
9.1 If you consider that any Products sent to you are damaged, or defective, you can notify us and we will examine the received digital or physical evidence of the defective Product and will notify you of the outcome via email within 14 days. If your refund is approved, we will process the refund within 14 days of the day we confirmed to you via email that you were entitled to a refund.
9.2 If you seek a refund for any other reason, you can request a refund by email to firstname.lastname@example.org and we will consider each request at our reasonable discretion. We will notify you of the outcome of your refund request via email within 14 days. If your refund is approved, we will process the refund within 14 days of the day we confirmed to you via email that you were entitled to a refund.
9.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9.4 Please take care when specifying your delivery address as refunds will not be provided if you enter an address incorrectly.
9.5 If you choose to not leave us any delivery instructions, you agree to give us the permission to leave the orders at your delivery address unattended. We will not be liable to you or any other person if the order goes missing, damaged, or unpackaged. We will also have the right to reject any refund request if given this situation.
10.1 We only deliver to addresses within the Delivery Zone stated on our website. Please ensure your delivery address is correct, as orders with incorrect delivery detail or that are located outside of our delivery zone may not be delivered. Please email our office before submitting your order if you are not sure if we deliver to your area.
10.2 All deliveries within our Delivery Zone will not be charged an extra delivery fee, unless otherwise indicated at check out.
10.3 Cut-Off for placing Orders and/or changing Orders is 5pm the day before you request a delivery.
10.4 Once a delivery day has been chosen, a specified delivery window (AM/PM) for us to deliver the Order to you will be provided. You agree to provide us with complete and accurate information before checkout to enable us to fulfil your Order successfully.
10.5 We will aim to deliver during the specified window. However, if an event occurs that is beyond our control, then we may not be able to do so and will not be liable to you or any other person for any such delay. In this instance, we will endeavour to provide you with notice of the delay as soon as reasonably possible.
10.6 We will deliver the Product to the front door of your nominated delivery address. You must make all appropriate arrangements to assist and allow us to deliver the Products, including ensuring safe access and obtaining any prior security or other approvals which may apply to the Delivery Address.
10.7 If you will not be at home at the expected delivery window, we recommend you nominate a cool safe place for delivery of the Products, and provide the relevant instruction in the questionnaire upon Order. If you do not provide a specific place for delivery, we will leave the Products at your front door. If you advise us of any specific delivery instructions in an Order, we will endeavour to comply with these instructions to the extent reasonably within our control. In the event no one is home and you have not left delivery instructions, we will leave your order at your front door. We do not accept any liability or responsibility for the damage or theft to your order when left in the designated area that you have specified. We recommend that your delivery is brought inside and stored away as soon as possible.
10.8 You will be responsible for an Order from the time we deliver the Products in accordance with your instructions. We accept no liability or responsibility for the Product once the Product has been delivered to you.
10.9 Variety of Product
All boxes are based on produce in season and can vary week to week. If an item is not available that is in the weekly box, we will replace it with similar or alternative items. You may email us at email@example.com and suggest further changes in your box, and we will take your reference into consideration for your Order.
10.10 We accept that in the event of your order arriving damaged due to our own transport, we will replace the goods free of charge or give you a credit on your next order.
11. Risk and Title
11.1 The Products will be at your risk from the time of delivery to the Delivery Address or in accordance with your delivery instructions.
11.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
12. Transfer of Rights and Obligations
12.1 These Terms and Conditions are binding on you and us and on our respective successors and assignees.
12.2 You may not transfer, assign, charge or otherwise dispose of your rights or liabilities under these Terms and Conditions, or any of your rights or obligations arising under it, without our prior written consent.
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms and Conditions, at any time without your prior consent.
13. Intellectual Property Rights
13.1 Bring Me Home is the owner or the licensee of all intellectual property rights in the Site, whether registered or unregistered, and in the material published on it. These works are protected by copyright and other intellectual property laws and all such rights are reserved.
13.2 You may print off one copy, and may download extracts, of any pages from the Site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
13.3 If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By agreeing to these Terms and Conditions, you irrevocably authorise us to quote from your Commentary on the Site and in any advertising or social media outlets which we may create or contribute to.
14. Events Outside Our Control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) epidemic, pandemic or other health emergency (whether declared or not); and
(g) the acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms and Conditions may be performed despite the Force Majeure Event.
15.1 These Terms and Conditions contain the entire understanding between the parties concerning the subject matter of these Terms and Conditions and supersedes all prior communications.
15.2 The relationship between you and us is that of a principal and independent contractor. Nothing in these Terms and Conditions will be taken as giving rise to a relationship of employment, agency or partnership.
15.3 Each party acknowledges that, in entering into these Terms and Conditions, neither party relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.
15.4 Our failure to enforce any provision under these Terms and Conditions will not waive our right thereafter to enforce any such provisions.
15.5 If any term or provision of these Terms and Conditions is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms and Conditions and the remaining terms and conditions will be unaffected.
15.6 These Terms and Conditions are governed by and are to be construed in accordance with the laws in force in Victoria and New South Wales. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Victoria and New South Wales.