Terms and Conditions
This page (together with the documents referred to on it) tells the customer (You) the terms and conditions on which Garden of Vegan (We/Our/Us) will supply to you the Vegan Meals (products) listed on our website www.gardenofvegan.com.au (Our Site) via one of our subscription Regular Meal Delivery (services). Please read these terms and conditions carefully before ordering any products from our site 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. We reserve the right to amend this notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions. Please understand that if you do not accept these terms and conditions, you should not order any products from our site.
1. Information About Us
- We operate the website www.gardenofvegan.com.au. We operate the website www.gardenofvegan.com.au. We are GARDEN OF VEGAN PTY LTD ABN: 57630495 117
2. Service Availability
- Our site is only intended for use by people residing in nominated postcode districts within Australia (Service Areas). 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
By placing an order through our site, you warrant that:
- you are legally capable of entering into binding contracts; and
- you are at least 18 years old; and
- you are resident in one of the Service Areas
4. How the contract is formed between you and us
- After completing the subscription or order process on gardenofvegan.com.au, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
- The Contract will relate only to the Product or Service you have ordered or subscribed to. Each order placed for Products through the Site that we accept, results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions.
- The subscription plan to our Services consists of an initial charge and then followed by recurring charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation gardenofvegan.com.au may submit periodic charges weekly without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before gardenofvegan.com.au reasonably could act. To terminate your authorisation or change your payment method email firstname.lastname@example.org By subscribing to gardenofvegan.com.au you are agreeing to pay a recurring subscription for an indefinite period until cancelled by you or us as per our Cancellation Terms. The subscription amount and billing interval on the subscription terms set out in the application form you have completed, subject to variation in accordance with 4.5 below. You can cancel your subscription at any time. You will not be charged for any cancellation. 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.
- Following any promotional subscription period, your gardenofvegan.com.au subscription will be automatically extended for at the then-current non-promotional subscription rate.
- We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
- You may cancel your subscription at any time.
- The cut-off for cancellations must be made before your weekly payment time before the next delivery.
- To cancel your subscription, just login to your online account and follow the steps to cancel. If you cancel with an active renewal on your current subscription term you will still be sent your last meal plan on your next scheduled delivery date; your subscription will not be renewed after this period. There will be no refunds for any late cancellations.
- You may cancel your second order before the fortnightly or monthly payment date through the customer log in. We have no obligation to cancel your order and refund you any money, if you breach this cutoff date for your cancellation request.
- You may suspend your subscription at anytime.
- Your suspension request must be received before your weekly payment date the week prior to the intended commencement of your suspension.
7. Change of Details
- You must promptly advise us of any changes to your information provided to us as part of the customer registration process.
- Changes to address details and/or delivery instructions must be communicated before the weekly cut-off the week prior to the effective date.
- Changes to payment details must be communicated at least 5 days prior to the effective date. Garden of Vegan will not be liable for any charges you incur as a result of out of date payment information. If Garden of Vegan incurs an expense due to incorrect payment information provided by you, we reserve the right to seek reimbursement for such expense.
8. Price and Payment
- From time to time Garden of Vegan may need to revise the price of its products up or down. For any price changes, Garden of Vegan will provide notice in email no less than 7 days before the changes take effect. After such time, Garden of Vegan will apply the revised pricing for your subscribed service 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 cancel your subscription before items are delivered under the new pricing plan.
- The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
- Product prices include applicable taxes including GST.
- Payment for all Products and Services must be by credit or debit card or any other payment method on the online checkout page.
- If your payment fails on your renewal date, a charge will be automatically attempted in 24 hours. Please pause your account if you do not wish for this to happen.
9. Refunds Policy
- Unfortunately we do not provide refunds in any scenario. This includes non-deliveries.
- We only deliver addresses within the postcode areas nominated on our site.
- You agree to provide us with complete and accurate information that we ask you to provide to enable us to fulfil your order.
- We will aim to deliver on the day specified. However, if an event occurs that is beyond our reasonable 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.
- We will deliver the Products to the front door at the relevant Delivery Address. If you ask us to deliver inside a premise or building at the Delivery Address and we agree to do so, then you are responsible for any loss or damage suffered by us in connection with our delivery of the Products beyond the front door of the Delivery Address. You must make all appropriate arrangements to assist and allow us to deliver your order, including obtaining any prior security, or other, approvals which may apply to your delivery location.
- We may require the person accepting the delivery of your order to provide us with proof of that person’s identity (including photographic identification) and, where relevant, age. If the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks.
- Garden Of Vegan accepts no liability or responsibility for incorrectly placed orders. Nor do we accept liability or responsibility for delivery details which are incorrectly supplied, or you fail to supply.
- If you will not be at home at the expected delivery time, we recommend you nominate a cool safe place for delivery of your order. If you do not provide a specific place for delivery, Garden of Vegan will leave your order at your front door. If you advise Garden of Vegan of any specific delivery instructions in your order, Garden of Vegan will endeavour to comply with these instructions to the extent reasonably within its control.
- You will be responsible for your order from the time we deliver your products to the nominated address. We accept no liability or responsibility for any product once the product has been delivered to you.
- You understand that Garden of Vegan may need to change your delivery date and time from time to time. We will notify you as soon as reasonably practicable if your delivery date and time changes for any reason.
11. Acceptance or rejection of an order
- We reserve the right to accept or reject your order for any reason, including if the requested Product is not available, if there is an error in the price or the product description posted on the Site or in your order.
- If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
- 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, then we will contact you when you place the order or within a reasonable time after you submit your order.
- 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 replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- The consumer guarantees that apply to goods you purchase:
- Goods will be of acceptable quality
- Goods will be fit for a particular purpose
- Goods will match their description
- Any express warranties will be honoured
- You will have title to the goods
- You will have undisturbed possession of the goods. You acknowledge that the products displayed on www.gardenofvegan.com.au are indicative only and that the products you receive may vary from those displayed according to seasonal availability. In particular, Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
13. Vouchers and Gift Cards
- We may offer gift cards, discount promotions and other types of voucher (Voucher) which require to be activated by email application in order for the holder to commence delivery of Products through a Service. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these terms and conditions shall become applicable as between us and the holder of the Voucher (Holder) when the Holder redeems the Voucher by applying for a Service to commence.
- A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed, resold or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval. A Voucher is only valid on a household’s first box.
- We reserve the right to withdraw or cancel any Voucher (other than a paid-up gift card) for any reason at any time.
- Vouchers may only be redeemed through the website www.gardenofvegan.com.au and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher.
- Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges (where applicable), which will be chargeable at normal rates.
- Our customer referral program is designed to give customers a chance to recommend the Garden of Vegan service to friends, families and colleagues. These vouchers are not valid if used inappropriately, such as being published on deal sites or bargain sites. Garden of Vegan reserves the right to cancel any codes and delete credits from the sharer’s account.
14. Risk and Title
- The Products will be at your risk from the time of delivery.
- 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.
15. Disclaimer and Limitation of Liability
- The following paragraphs exclude or limit our liability for your use of our website. They all apply so far as the law permits.
- While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on our website, that information is provided in good faith and on an “as is” and “as available” basis and we do not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information.
- We do not represent or warrant that our website will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system.
- You must take your own precautions to ensure that the process which you employ for accessing our website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system.
- Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
- We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use our website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through our website.
- If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty, to the extent permitted by that legislation, and at our option, to the supplying of the products again refunding the purchase price of the Products.
16. Important notice about linked websites
- Our website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.
- Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent we stipulate to the contrary.
- To the extent permitted by law, we accept no responsibility or liability for, and give no warranty (express or implied) of any kind in respect of, linked websites and your use of them or any products or services available on or through linked websites.
17. Transfer of rights and obligations
- The contract between you and us is binding on you and us and on our respective successors and assignees.
- You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
18. Intellectual property rights
- We are the owner or the licensee of all intellectual property rights in our site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
- You may print off one copy, and may download extracts, of any pages from our 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.
- 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 subscribing to the Services you irrevocably authorise us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.
19. Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
- 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:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks;
- Epidemic, pandemic or other health emergency (whether declared or not);and
- The acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under any Contract 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 the Contract may be performed despite the Force Majeure Event.
- If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
- A waiver by us of any default will not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
- If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
22. Entire agreement
- These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
- We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
- Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
- Nothing in this clause limits or excludes any liability for fraud.
23. Our right to vary these terms and conditions
- We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
- You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
25. Governing Law and Jurisdiction
- The laws of Queensland and the Commonwealth of Australia apply to these terms and conditions. All disputes will be heard and settled in accordance with the Courts of Queensland and any courts of appeal therefrom.