TERMS & CONDITIONS
These Terms and Conditions (together with the documents referred to in it, particularly our Privacy Policy) sets out the terms and conditions on which SPOON WHOLESALE KITCHEN UNIT TRUST ABN 30 308 559 621 (“Spoon Wholesale Kitchen”, “we”, “our” or us) will supply to you the products (Products) listed on our website www.spoonpatisserie.com.au (Website).
By accessing and/or using this Website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (available here) (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
Collection statement
We collect personal information about you in order to facilitate the buying and selling process and for purposes otherwise set out in our Privacy Policy. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. With your permission, we may send you emails about our store, new products and other updates. We may disclose that information to third parties that help us deliver our services (including information technology suppliers, delivery suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services or products to you. We may also disclose your personal information to recipients that are located outside of Australia.
Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint.
If you would like any further information about our privacy policies or practices, please contact us at hello@spoonwholesalekitchen.com.au.
By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.
Accuracy, completeness and timeliness of information
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems. We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.
We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Service Availability
We are working on our national presence, however, at this time this Website and our products are only available to people residing in Brisbane Metro area, as such we do not accept orders from individuals outside of this zone. You can always contact our Customer Care Team on (07) 3008 9500 for a customized solution if possible.
Your Status
By placing an order through our site, you warrant that you are at least 18 years old and you are residing in Australia.
Products orders
When you purchase a product from us, we may request certain personal identifiable information from you. You may be required to provide contact information (such as name, email, and delivery address) and financial information (such as credit card number, expiration date and CCV). Please refer to our Privacy Policy here for more information on how we collect and use your information.
Orders placed and paid for, are for one (1) order only, Spoon Wholesale Kitchen has gained permission to place an order on the customer’s behalf and take payment via NAB Transact or PayPal Australia.
We reserve the right at our absolute discretion to change, modify, upgrade, remove all products displayed, at any time without giving any reasons for our decision.
Quick Checkout
By turning on Quick Checkout you’re giving permission for Spoon Wholesale Kitchen, through NAB Transact, to securely store your credit card details to enable a faster transaction for your future orders. The security of your personal information is important to us. We never permanently store complete credit card details. We follow accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.
Cancellation Policy
Spoon Wholesale Kitchen may suspend or cancel any accepted order immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
Due to the nature of our business Spoon Wholesale Kitchen requires a maximum notice of 12 hours after receiving the order confirmation Email, mentioning your intention to cancel your order. This must be done by calling our Customer Care Team on (07) 3008 9500 or hello@spoonwholesalekitchen.com.au.
Delivery
Delivery is available in select metros only and only while delivery spots are available. Delivery fees may still apply.
Free Delivery
Free Delivery is available in select areas only. Check your delivery area and delivery fees
Promotions; Giveaways and Discount Coupons
We are always looking for ways to make our customers smile, and as such, we often run promotions and giveaways. For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you must agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these terms, those terms and conditions will prevail.
Spoon Wholesale Kitchen exercises the right to end promotions at any time with no prior warning. Promotions and offers generally end at 11.59pm AEST unless otherwise specified, or the offer has reached its cap prior to this time.
Discount Coupon Usage
Discount coupon usage is 1 coupon per order per customer. If you forget to use a discount coupon, you will need to cancel and redo your order with the discount coupon applied. Spoon Wholesale Kitchen does not refund the difference in cases of forgetting to use a discount coupon.
Please take note of discount coupon expiry dates and any other terms (e.g. new customers only; minimum spends). Spoon Wholesale Kitchen will assess expired discount codes on a case-by-case basis. Please note Special Offers and Discount Coupons cannot be cumulated.
Availability & Delivery
After ordering online, you will receive an email confirmation from Spoon Wholesale Kitchen containing your order details to the email address used to place the order. Our current delivery areas are found at Delivery Areas. To find out if we deliver to your area, input your postcode on the Delivery Areas page or contact Customer Care on (07) 3008 9500. Delivery addresses and the day of delivery may not be altered once an Order has been placed.
Unfortunately, Spoon Wholesale Kitchen cannot give or adhere to a request for a specific delivery time. Spoon Wholesale Kitchen accepts no liability for the loss or deterioration of any goods once they have been delivered in accordance with the Customer delivery instructions and our terms and conditions.
Spoon Wholesale Kitchen will not be held liable for any financial or physical damages of any kind. Spoon Wholesale Kitchen will not replace or provide a refund for any products ordered by the customer by mistake. Customers must notify Spoon Wholesale Kitchen if they have received an incorrect order or are missing an item within six (6) hours of delivery by phone on (07) 3008 9500 or email hello@spoonwholesalekitchen.com.au. Missing items will be either refunded to the customer by the same payment method used initially or a coupon code will be created to be used with the customers next order. Failure to comply with these policies will result in no replacement, refund or credit.
Spoon Wholesale Kitchen reserves the right to change or alter delivery days and cut off periods without notice. Next day delivery is currently only available in select metro areas. You can check your delivery area, here.
At times of high demand, some items you are trying to order may not be in stock in time to fulfill for your delivery.
Risk and Title
The title in the Products will pass to you from the time of delivery.
Price and Payment
All our prices are in Australian Dollars (AUD).
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. We may change Product prices and delivery charges at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
Payment for all Products must be by credit or debit card. We accept payment with Visa and Mastercard.
Our Refund Policy
Our Return & Refunds Policy covers refused and returned orders due to system error, customer error, and/or driver inability to safely and correctly deliver an order.
This refund policy does not apply to goods which have been opened, used or damaged after delivery, or if any attempt has been made to alter the product. If for any reason you receive a delivery in error, you must contact Customer Care on (07) 3008 9500 or email hello@spoonwholesalekitchen.com.au within six (6) hours to organise re-collection of that order.
All products and orders must be returned in their original condition. Failure to contact Spoon Wholesale Kitchen within the designated time will deem the goods spoiled and your acceptance of the delivery, which you will be charged for. Spoon Wholesale Kitchen may refund payment in the event that there is a confirmed error on our end and/or you have been incorrectly charged.
All products and orders must be returned in their original condition. Customers bear all costs associated with the refusal and return of any order if there is no fault on the part of Spoon Wholesale Kitchen. Failure to adhere to the terms and conditions of Spoon Wholesale Kitchen will prohibit any refunds or credits being issued to the Customer.
Spoon Wholesale Kitchen will not be held liable to any financial or physical damages of any kind. For any delivery or order issues or feedback, please contact our customer service team on (07) 3008 9500 or email hello@spoonwholesalekitchen.com.au within 7 days of receiving your order. Photos of the product and / or delivery are required to assist in our investigation. For minor complaints, a voucher code may be offered in lieu of a refund.
Warranties and Disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, 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.
Liability
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
Allergies & Pregnancy Related
Spoon Wholesale Kitchen strongly suggests that you consult your Doctor prior to consuming Spoon Wholesale Kitchen. It is the customer’s responsibility to refer to the Nutritional Panel and Ingredients of each product before purchase. While Spoon Wholesale Kitchen takes all due care to keep allergy prone ingredients out of certain recipes, please be aware they may still be present.
Spoon Wholesale Kitchen accepts no liability whatsoever to any allergic reaction by a Customer as a result of consuming a Spoon Wholesale Kitchen product – this also applies to expecting mothers.
Disputes
All disputes to be lodged at hello@spoonwholesalekitchen.com.au in writing, explaining the details of the dispute. Intellectual property rights. Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors. Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties.
In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
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, lockouts 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; and the acts, decrees, legislation, regulations or restrictions of any government.
Severability
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.
User Comments, Feedback and other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
Governing law
Your use of the website and these Terms are governed by the law of Queensland and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland.