Terms and Conditions
PLANT BAKED PTY LTD
1. General terms and overview
a) Throughout these terms and conditions (Terms and Conditions), the terms "we", "us" and "our" refer to Plant Baked Pty Ltd (Plant Baked).
b) By purchasing something from us you engage in our Service and agree to be bound by these Terms and Conditions.
c) Subject always to the law (including the Australian Consumer Law), for each particular transaction you will be a "Consumer" where we supply goods and services to you if either:
(i) the goods and services cost less than $40,000; or
(ii) the goods and services are of a kind ordinarily acquired for domestic, household or personal use or consumption; and
the goods are not to be either:
(iii) resupplied, or
(iv) used up or transformed in trade or commerce.
Example of a Consumer:
You buy food from us and consume it yourself as opposed to on selling it.
d) We reserve the right to refuse provision of our Service to anyone for any reason at any time.
e) If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
f) The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
2. Payments and Refunds
a) You agree that:
(i) Our payment terms are within 7 days net from the date of the invoice unless otherwise agreed.
(ii) Late payment will incur interest of 10% per annum on the outstanding amount until paid in full and we reserve the right to stop delivery in the event of non payment.
(iii) We can set off payments received from you for any outstandings.
(iv) All prices quoted are exclusive of GST unless otherwise stated.
(v) Unless otherwise stated, all prices quoted are also exclusive of all taxes, duties, imports, freight, delivery costs, insurances and other charges in relation to the transfer of the goods from our premises to the location specified. You are responsible for these costs.
b) We will not refund goods sold on the following bases:
(i) Change of mind;
(ii) The goods spoiled or perished etc after delivery;
(iii) The goods are available elsewhere for a cheaper price or better value deal; or
(iv) You were responsible for causing a fault or damage after purchase.
c) We will not refund goods without provision of proof of purchase.
d) We do not offer cash refunds.
e) If the goods you have purchased are faulty we offer a full refund or replacement for an item of equal or lesser price.
f) Please note that we must be informed about any problems within 2 business days from the date of delivery before a refund or return will be considered.
g) We do not accept any returns as the goods are perishable food items.
h) If you have any questions regarding our refund policy, please visit us at 5 Paris Street, West End Qld 4101 or contact us via phone on (07) 3844 2778.
i) Where the goods and services are supplied by us for you and you are a Consumer the following shall apply:
(i) Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
To cancel your service contract with us; and
To a refund for the unused portion, or to compensation for its reduced value.
(ii) You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
But for all other supplies then clauses 3 and 4 shall apply instead.
3. Goods or Services and Risk and Title
a) Prices for our goods are subject to change without notice.
b) We reserve the right to limit the quantities of any goods or services that we offer.
c) We reserve the right to discontinue any product at any time.
d) Any offer for any product or service made by us is void where prohibited.
e) We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
f) The risk in the goods will pass when the goods leave our premises (or third party supplier). All transit/carriage of the goods shall be at your risk.
g) Every endeavour will be made by us to complete delivery within a set time period (if any) but we will not be liable for any delay or non delivery.
4. Disclaimer of Warranties & Limitation of Liability
a) Except in the case of a supply by us to you as a Consumer, the following shall apply:
(i) Subject to clauses 2(e) and 2(i), the goods and services delivered to you through our Service are (except as expressly stated by us) provided without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Plant Baked, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, replacement costs, or any similar damages, whether under the law of contract, tort (including negligence), equity, under statute or otherwise, arising from your engagement with our Service. Upon completion of the provision of our Service to you, we shall not be responsible or liable to you, and you agree to release and discharge us from any liabilities caused by or arising out of or relating in any manner or incidental to the provision of our Service.
(ii) To the extent that any limitation of our liability contained in this clause 4 is limited or void at law whether under statute, common law or otherwise, our liability shall be limited to the maximum extent permitted by law.
(iii) Goods covered under a manufacturer's warranty are supplied by us without any additional warranty with regards to these goods. We will endeavour to follow through with any warranty claims on such goods but are not responsible for such claims.
5. 3rd Party Indemnity
a) You agree to indemnify, defend and hold harmless Plant Baked and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys' fees, made by any third-party in connection with the provision of our Service to you.
6. Severability
a) In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
7. Termination
a) The obligations and liabilities of the parties incurred under these Terms and Conditions prior to the termination date shall survive the termination of this agreement for all purposes.
b) These Terms and Conditions are effective unless and until terminated by either you or us.
c) Where applicable, you may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services.
d) If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
8. Force Majeure
a) We will not be liable for any delay or failure to perform any of our obligations (other than an obligation to pay money) if as soon as possible after the beginning of the Force Majeure affecting our ability to perform any of our obligations, we give you a notice that:
(i) specifies the obligations we cannot perform;
(ii) fully describes the Force Majeure;
(iii) estimates the time during which the Force Majeure will continue; and
(iv) specifies the measures we propose to adopt to remedy or abate the Force Majeure.
b) You must:
(i) remedy the Force Majeure to the extent reasonably practicable and resume performance of your obligations as soon as reasonably possible; and
(ii) take all action reasonably practicable to mitigate any liabilities suffered by you as a result of your failure to carry out your obligations.
c) "Force Majeure" means an event or cause which is beyond the control of the party claiming the force majeure can not be overcome by the exercise of reasonable care, proper precautions and the consideration of reasonable alternatives with the intention of avoiding the effects of the force majeure by that party, and which could not have been reasonably foreseen, and includes (subject to satisfying the requirements of the foregoing):
(i) an act of God (other than adverse weather);
(ii) cyclones, fire, flood; or
(iii) acts of war, acts of public enemies, terrorist acts, riots or civil commotions.
9. Entire Agreement
a) The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
b) These Terms and Conditions and any policies or operating rules held out by us or in respect to the Service constitutes the entire agreement and understanding between you and us and govern the provision of our Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
c) Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
10. Governing Law
a) These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Queensland, Australia.