This page (together with the documents referred to on it) tells the customer (you/your) the terms and conditions (Terms and Conditions) on which Little Foodies (we/our/us) will supply to you the products (Products) listed on our website www.littlefoodies.com.au (Site). Please read these Terms and Conditions carefully before ordering any Products from the Site. You should understand that by ordering any of our Products, you agree to be bound by these Terms and Conditions and any policies stated on the Site. We reserve the right to amend these Terms and Conditions and any policies at any time and your use of the Site following any amendments will represent your agreement to be bound by these Terms and Conditions and policies as amended. We therefore recommend that each time you access the Site you read these Terms and Conditions and policies. Please tick the checkbox in the shopping cart to accept these Terms and Conditions. Please understand that if you do not accept these Terms and Conditions, you will not be able to order any Products from the Site.
Information about us
We operate the Site located at www.littlefoodies.com.au. We are Little Foodies Australia Pty Ltd (ABN: 65640692691). Our business name is Little Foodies Australia.
The Site is only intended for use by people residing in nominated areas of 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.
By placing an order through our Site (Order), you warrant that you are legally capable of entering into binding contracts, you are at least 18 years old, and you are resident in one of the Service Areas.
Acceptance or rejection of an order
Once your Order is placed, the Order will be treated as final and you cannot make changes or cancellations to the Order.
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 Site or in an Order. If we reject an Order, we will endeavour to notify you of that rejection at the time you place an Order. If we reject an Order after an order is placed, we will provide a full refund of the purchase price.
We only deliver during certain times. These times will be communicated to you on the Site. You agree to provide us with complete and accurate information that we ask you to provide to enable us to fulfil and delivery your Order.
We will deliver the Products to the front door of your nominated delivery address (Delivery Address). If you have provided specific delivery instructions, we will endeavour to comply with these instructions to the extent reasonably within our control. 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.
You will be responsible for an Order from the time we deliver the Products. We accept no liability or responsibility for any Product once the Product has been delivered to you, including theft or spoilage.
IMPORTANT NOTICE FOR DELIVERY OF FROZEN PRODUCTS: If your Order contains a frozen Product, it is your responsibility to ensure that someone is home to receive the products when they are delivered. If nobody is home when the Products are delivered, we will leave them unattended (along with the rest of your order) at the delivery address. You understand that the temperature of Products may change if they are not placed in a freezer promptly and this may cause the Products to spoil.
Please take care when placing your Order. We accept no liability or responsibility for incorrectly placed Orders, including delivery details which are incorrectly supplied, or which you fail to supply.
To the extent permitted by applicable law, we are not responsible for, nor give any warranty in respect of any materials, food stuffs, or other supplies which give rise to:
any adverse effect on any person due to allergy or intolerance arising from that person's consumption of any food or drink supplied by us;
any damage suffered by any person using any Products supplied by us;
any damage suffered by any person in the conduct of any activity relating to Products supplied by us; and
any loss or damage to any material and Products including food and drink agreed to be supplied by us, which damage occurs in transit, during delivery or during storage of your Order by you or in any other manner after your Order has left our premises.
We are not liable for food perishing or other deterioration in quality caused by careless or improper handling, non-adherence to storing instructions or by other abuse or misuse caused by you or a third party.
Consumer guarantees and refund policy
Consumers have certain rights under the Australian Consumer Law and other similar state and territory legislation, including consumer guarantees, which cannot be excluded at law. Nothing in these Terms operates to exclude those statutory rights. To the extent permitted by law, our liability in respect to such rights is limited, at our option, to the replacement or resupply of a Product, or payment of the cost of such replacement or resupply.
If you consider that any Products sent to you are damaged or defective, you must notify us within 48 hours of the Products being delivered to you. We will seek to investigate the circumstances of any alleged damage or defect. Refunds will only be issued to the extent required by law. 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.
You understand that:
- We do not offer any refund or return where you simply change your mind in respect of any purchase of a Product.
- Refunds will not be provided in case of any theft, damage or spoilage that occurs after delivery. Frozen Products, in particular, may not be suitable for consumption if they are not placed in the freezer as soon as they are delivered.
- You must take care when specifying your delivery address as refunds will not be provided if you enter an address incorrectly.
From time to time we may need to revise the price of the Products. The current prices of the Products and our delivery charges will be as quoted on the Site, as updated from time to time. Product prices and delivery charges include taxes including GST where applicable.
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. Orders will be charged to your nominated payment method. It is your responsibility to ensure that sufficient funds are available at the time of payment processing.
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.
Vouchers and Gift Cards
We may offer discount promotions and other types of vouchers (Voucher). These Terms and Conditions, and any additional Terms and Conditions specified at the time of purchasing the Voucher, will become applicable as between us and the holder of the Voucher (Holder) when the Holder redeems the Voucher by placing an order with us.
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. Only one Voucher is allowed to be applied per order. A Voucher may not be used in conjunction with any other offer or credit. Vouchers are always applied to an order before any credits in a customers’ account.
We reserve the right to withdraw or cancel any Voucher (other than a paid up-front gift card) for any reason at any time.
Vouchers may only be redeemed through the Site 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 (unless otherwise specified).
Vouchers are not valid if used inappropriately, such as being published on deal sites or bargain sites. We reserve the right to cancel any suspicious codes and delete credits from the sharer’s account if we become aware of inappropriate use.
Risk and title
The Products will be at your risk from the time of delivery to the Delivery Address or otherwise in accordance with your delivery instructions.
Disclaimer and limitation of liability
The following paragraphs exclude or limit our liability for your use of the Site. 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 the Site, we do not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information.
You acknowledge that the Products displayed on the Site are not an exact sample and are indicative only. The Products you receive may vary from those displayed.
To the extent permitted by law, we do not represent or warrant that the Site 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 the Site 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.
To the extent permitted by law, 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 the Site 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 the Site.
To the extent permitted by law, under no circumstances will we be liable for any loss of profit, loss of revenue, loss of contract, loss of business opportunity, loss of reputation, loss of data or any indirect or consequential loss arising in connection with these Terms and Conditions or the Services.
Nothing in these Terms and Conditions is intended to limit your rights as a consumer under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
The Site may contain links to other websites (Linked Websites). Those Linked Websites are provided for convenience only and may not remain current or be maintained. The 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, the Linked Websites and your use of them or any products or services available on or through the Linked Websites.
Transfer of rights and obligations
These Terms and Conditions are binding on you and us and on our respective successors and assignees.
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. We may transfer, assign, change, 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.
We are 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.
You must not otherwise use, reproduce, modify, distribute, publish, store, transmit, commercially exploit, modify or create any derivative works from any Content in whole or in part or permit or assist any other person to do so.
If you post comments on the Products to any website, blog or social media network, you must ensure that such comments represent your fairly-held opinions. By agreeing to these Terms and Conditions, you irrevocably authorise us to quote from your comments on the Site and in any advertising or social media outlets which we may create or contribute to.