Terms & Conditions

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern our relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to The Cheese Puff Company Pty Ltd and our website www.cheesepuffs.com.au and “You” and “Your” refers to you, the client, the , website user or person using our website.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and cheesepuffs.com.au’s rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that The Cheese Puff Company Pty Ltd is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), our liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again. You must be over 18 years of age to use this website and to purchase any goods or services. 

ORDERS

(a) Orders close daily at 3.00PM for next day delivery
(b) For Monday deliveries, please order by 3.00PM Friday the week before
(c) Order directly via our website. Alternatively, call 02 9361 4451 or email orders@cheesepuffs.com.au  
(d) The minimum order for free delivery is $200. If ordering less, additional delivery fees will apply
(e) Please refer to our Order and Delivery Information page for current delivery charges and locations

(f) All first time orders must be prepaid in full prior to delivery and then you are most welcome to set up an account with us  
(g) Orders cancelled within 24 hours of scheduled delivery are non-refundable and non-transferable 
(h) To cancel an order, you must call us or leave a message on 02 9361 4451  

TERMS OF PAYMENT AND CREDIT POLICY

(a) The two main groups of Customer are non-Account Customers and Account Customers
(b) Non-Account Customers must make full payment of orders prior to delivery via Credit Card or cleared funds via Bank Transfer
(c) Account Customers must make full payment of orders within 14 days from the date of the invoice
(d) Credit will only be granted to Account Customers at the sole discretion of the Supplier and upon submission of a completed Credit Application Form
(e) Any Credit granted may be revised by The Cheese Puff Company Pty Ltd at any time and at its discretion. We reserve the right to withdraw any credit facility upon breach by the Customer of these Terms and Condition or upon the Customer ceasing to trade and/or being subject to any legal proceedings and/or the Customer committing an act of insolvency     

GOODS AND SERVICES TAX

(a) GST refers to Goods and Services tax under the Goods and Services Act 1999 (“GST Act”)   
(b) Unless otherwise expressly stated, all prices or other sums payable under this Agreement are exclusive of GST      
(c) Upon sale, the Customer will pay, in addition to the total purchase price, the GST on the taxable Goods made by The Cheese Puff Company Pty Ltd under this agreement 
(d) The Supplier shall deliver to the Customer a Tax Invoice for the supply in a form which complies with the GST Act and Regulations

DELIVERIES 

(a) Pick up is not available. All orders must be delivered
(b) Weekday deliveries are available in morning, afternoon or evening timeslots. Weekend deliveries are limited and subject to availability  
(c) Orders may be delivered by us, third parties contracted by us and/or other reputable courier companies
(d) Deliveries shall be made to the address stipulated by you and accepted by us. If the Customer fails to make all arrangements necessary to take delivery of the Goods, the Customer shall, at the discretion of the The Cheese Puff Company Pty Ltd, be liable for a $50 non-delivery fee. The Cheese Puff Company shall also be entitled, at its discretion, to charge a reasonable fee for redelivery and pass on any other expenses incurred  
(e) In the event of delayed, damaged or short delivery, liability of The Cheese Puff Company Pty Ltd shall be limited to making up the delivery or allowing credit in respect thereof 
(f) Please refer to our Delivery and Order Information page for current delivery charges and locations

RETURNS AND REFUNDS

(a) The Cheese Puff company handles returns and processes refunds in accordance with the Australian Consumer Protection legislation 
(b) We do not accept returns under normal circumstances or for change of mind. However, if there are any issues, please phone us on 02 9361 4451 immediately, or if outside normal business hours, please send an email to orders@cheesepuffs.com.au to report the problem and we will contact you on the next business day  
(c) If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the returned goods purchased 
(d) Returned goods must be delivered to us unconsumed or you may not be eligible for a refund. If the quality issue is due to tasting the product then please return the remainder. Unopened goods will be refunded in full  
(e) Return shipment will be the responsibility of the Customer. We cannot be held responsible for items damaged or lost in return delivery, therefore we recommend an insured courier service 
(f) Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of The Cheese Puff Company Pty Ltd. 


LINKS TO OTHER WEBSITES

The Cheese Puff Company Pty Ltd may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between ourselves and the owners of those websites. The Cheese Puff Company Pty Ltd takes no responsibility for any of the content found on the linked websites or advice provided to you directly by third parties. 

DISCLAIMER

To the fullest extent permitted by law, The Cheese Puff Company Pty Ltd absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. We give no warranty that the goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of The Cheese Puff Company Pty Ltd to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At The Cheese Puff Company Pty Ltd, we are committed to protecting your privacy. We use the information we collect about you to maximise the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. Our secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorised use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

DISCLOSURE OF INFORMATION

We may be required, in certain circumstances, to disclose information in good faith and where The Cheese Puff Company Pty Ltd is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar goods or products for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of The Cheese Puff Company Pty Ltd. We expressly exclude and do not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then The Cheese Puff Company Pty Ltd will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. The Cheese Puff Company Pty Ltd reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

The Cheese Puff Company Pty Ltd expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and The Cheese Puff Company Pty Ltd at cheesepuffs.com.au concerning your use and access to our website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.


EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

ALLERGENS

The Cheese Puff Company is aware of the challenges of food allergy sufferers. However, we are unable to guarantee an allergen free environment in our kitchens and in the products we supply. Wheat, Gluten, Soy, Eggs and Milk are present in the foods we supply. If you have any questions, please speak to a member of our team by contacting us on 02 9361 4451 or info@cheesepuffs.com.au. If you have or suspect you may have allergies or medical issues which may be affected by certain foods, or, after taking any of our products find you may have or be experiencing side effects, you should promptly contact your health care provider. 

 

JURISDICTION

This agreement and this website are subject to the laws of New South Wales and Australia. If there is a dispute between you and The Cheese Puff Company Pty Ltd that results in litigation then you must submit to the jurisdiction of the courts of New South Wales.