Terms and conditions

We operate the Site located at https://yaels.com.au which delivers the Products to specified areas on specified days. The Site is owned and operated by The Good Food Company Pty Ltd (ACN 003 841 718), hereafter referred to as “Good Food Company”, “we”, “our”, “us” or the “Company”. This page (together with the documents referred to on it) will tell you the Terms on which we will supply you with any of the products listed on our Site.
By using our Site and/or by placing an Order with us, you are agreeing to all the following Terms, and agree to be bound by same. Please ensure you have read and fully understood what is outlined below. Please contact us if anything is not clear.
The Short Version
These points are included in the full terms below. We’ve highlighted the big ticket items here

1. You must live in the Delivery Area to order. We will confirm your Order by email.
2. Ownership of the Products will transfer to you once we have completed delivery.
3. If a re-delivery is required at an alternative time through no fault of ours additional fees will apply.

The Long Version

1. Definitions

• In these Terms, unless the contrary intention appears:
  

Business Day means any day that is not a Saturday, Sunday or a Public Holiday in New South Wales.
Cut-Off Time means 3:00pm in Sydney, New South Wales on the Business Day prior to the Delivery Day.
Delivery Area means addresses with the postcodes 2000, 2006 to 2011, 2015 to 2041, 2060 to 2069, 2088 to 2089, 2216 to 2217, and 2219 or as otherwise agreed between you and us.
Delivery Address means the address supplied by you when placing your Order that we will deliver your Products to.
Delivery Day means the date that your Order will be delivered to the Delivery Address.
Delivery Window means the time frame on the Delivery Day in which your Order will be delivered.
Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action;
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) Fire, explosion, storm, flood, earthquake, subsidence or other natural disaster;
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) Impossibility of the use of public or private telecommunications networks;
(f) Epidemic, pandemic or other health emergency (whether declared or not); and
(g) The acts, decrees, legislation, regulations or restrictions of any government.
GST means goods and services tax payable under A New Tax System (Goods and Services Tax) Act’ 1999 (Cth).
Order means the order for Products that you place through the Site provided, created, produced, sourced or otherwise delivered by us for you.
Product/s means cakes, savoury items, bakery products and other associated items that we provide, create, produce source or otherwise supply to you.
Site means the website http://www.yaels.com.au and all associated applications.
Terms means these terms and conditions as specified therein.
You means the person or organisation entering into this Agreement and accessing, purchasing or using our Services.

• In these Terms, unless the context requires otherwise:

• Headings are for convenience only and do not affect interpretation.
• The singular includes the plural and conversely and a gender includes all genders.
• A reference to a person includes any incorporated or unincorporated entity and conversely.
• A reference to any party includes that party’s successors and permitted assigns.
• A reference to any legislation in whole or in part includes any amendment, consolidation or replacement of it and all regulations, proclamations, by-laws and statutory instruments issues under it.
• An agreement, representation or warranty on the part of two (2) or more persons binds them jointly and severally.

2. Your Order – Acceptance and Rejection

• Your Order will be accepted and confirmed following the submission of your Order on the Site, by way of an acknowledgement email from us confirming the Order.
• You agree to provide us with complete and accurate information, including a valid email address and telephone number, to enable us to fulfil the Order.
• It is your responsibility to check the Order is correct including any Product specifications, including messages, names or other individual features requested by you.
• We shall fulfil the Order with such skill, care and diligence as is generally exercised by competent members of our profession providing Products of a similar nature.
• We reserve the right to reject an Order for any reason, including if the requested Product is not available or in stock, or if there is an error in the price or production description posted on the Site or in an Order.
• We will reject Orders where delivery is required outside of the Delivery Area.
• We reserve the right to investigate all accounts on the Site and any Order where we suspect incorrect or fraudulent activity. We reserve the right to reject your Order or terminate your account following the investigation.
• If we reject an Order, we will notify you of the rejection as soon as possible after you place the Order.

3. Cancelling or changing your Order

• You may cancel an Order by sending an email to orders@yaels.com.au before the Cut-Off Time. If you cancel an Order after the Cut-Off Time, we have no obligation to cancel you Order and/or refund you your payment.
• If you are required to amend your Delivery Address or delivery instructions, you must email us at orders@yaels.com.au before the Cut-Off Time.
• If we have attempted delivery at the Delivery Address on the Delivery Day and are unable to complete delivery (due to no fault of ours) and we then are requested to redeliver to a different Delivery Address (in the Delivery Area), on a different Delivery Day, or during a different Delivery Window (or any combination of same) we will charge a minimum fee of $50.00.

4. Pricing

• The current prices of the Products and our delivery charges will be as quoted on the Site and may be updated from time to time, without notice to you.
• Product prices and delivery charges include GST where applicable.

5. Payment Terms

5.1 Payment for your Order must be by a payment method listed on the Site. We accept Visa, MasterCard, American Express credit and debit cards and PayPal.
5.2       Orders will be charged to your nominated payment method. It is your responsibility to ensure:
(a) Your accepted payment method details are valid and up to date; and
(b) That sufficient funds are available at the time of payment processing.
5.3 (a) We do not collect or store your payment information. All payment information is collected and stored by the applicable third party provider in order to be processed as required. We never permanently store complete debit or credit card details.
(b) All online payment transactions performed on the Site are through secured payment gateways. We currently use the PayPal payment gateway for our online payment transactions.
(c) Complete payment details cannot be viewed by us or by any third party.
(d) Payments will appear as ‘Yael’s’ in your PayPal account or on your bank statement.
5.4 Failed payments may be due to insufficient funds, incorrect or outdated payment information or transaction disputes. In the event of a failed payment, we will reject your Order in accordance with clause 2.8 and no delivery will be made.

• We are not liable for any charges you may incur as a result of your out of date payment information. If we incur any expenses due to incorrect payment information provided by you, we reserve the right to seek reimbursement from you for such expense.
• You acknowledge that if payment remains outstanding we may pursue and attempt to collect any outstanding amounts as a result of any declined and outstanding payments on your account. You agree and allow us to contact you to discuss those failed payments. If we are unable to receive or gain any satisfactory guarantee for payment, your name, contact information, and Order details may be referred to an external debt collection agency. You will be liable for any fees or charges incurred as a result of this referral.

6. Delivery

• We will only deliver an Order to a Delivery Address within the Delivery Area on the Delivery Day.
• Following submission of your Order, we will inform you of the Delivery Window.
• We will aim to deliver during the Delivery Window, however, if an event occurs that is beyond our control, 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, using the contact details you provided us when placing your Order.
• Unless otherwise advised, your Products will be packed in a sealed Styrofoam box packed with ice or an ice pack.
• We will deliver the Products to the front door of the Delivery Address. If you ask us to deliver inside a premises 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 address. 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.
• We may require the person accepting the delivery of the Products to provide us with proof of that person’s identity (including photographic identification) and, where relevant, age.
• If you will not be at the Delivery Address during the Delivery Window, we recommend you nominate a cool safe place for delivery of the Order. If you do not provide a specific place for delivery, we will leave the Products at your front door. If you advise us of any specific delivery instructions in an Order, we will endeavour to comply with these instructions to the extent reasonably within our control.
• You will be responsible and bear all risk for an Order and Products from the time we deliver the Products to the Delivery Address in accordance with your instructions. We accept no liability or responsibility for any Product once the Product has been delivered to you.
• You understand and acknowledge that we may need to change your Delivery Day and Delivery Window from time to time. We will notify you as soon as reasonably possible if your Delivery Day and Delivery Window changes for any reason.
• We accept no liability or responsibility for:
• Incorrectly placed Orders;
• Incorrectly ordered Products;
• Delivery details which are incorrectly supplied; or
• Delivery details which you fail to supply.

7. Disclaimer and Limitation of Liability for use of the Site

• While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on the Site, 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.
• 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.
• 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.
• The collection, use and disclosure of your personal information and confidential information is also subject to our Privacy Policy located at this link: Privacy Policy
• 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.

8. Disclaimer and Limitation of Liability for Products and Orders

• You agree to indemnify us and keep indemnified our related entities, affiliates and our and their respective officers, agents and employees, and hold us harmless from and against any claims, actions, proceedings, losses, liabilities, damages (actual, special and consequential), costs, or expenses suffered or incurred in relation to your Order or to the Products. We are not liable for any loss that may occur before, during or after your Order and delivery. We will not be held responsible for any delays, errors or losses arising from any third party.
• To the extent permitted by law, our liability to you arising out of or in connection with the Products or your Order (including its performance or non-performance) whether under the law of contract, in tort, in equity, under statute or otherwise shall be limited to:

• The replacement of or supplying of the Order again; or
• The cost of the replacement of or resupply of the Order.

In any event, our total aggregate liability will not exceed the fees paid by you to us for the Products under the relevant Order.
8.3 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, the Order, delivery or our Products.

9. Our Refund Policy

• Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. If you consider that the Product is defective or fails to comply with the statutory guarantees provided pursuant to the Australian Consumer Law, we will examine the received evidence of the defective Product and will notify you of the outcome via email within fourteen (14) days. If your refund is approved, we will process the refund within fourteen (14) days of the day we confirmed to you via email that you were entitled to a refund.
• If you have cancelled an Order in accordance with our Terms, we will process any refund due to you within fourteen (14) days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges.
• If you seek a refund for any other reason, you can request a refund by email to orders@yaels.com.au and we will consider each request at our reasonable discretion. We will notify you of the outcome of your refund request via email within fourteen (14) days. If your refund is approved, we will process the refund within fourteen (14) days of the day we confirmed to you via email that you were entitled to a refund.
• Unless otherwise advised, we will usually refund any money received from you using PayPal.
• Refunds will not be provided for:
• Incorrectly placed Orders;
• Incorrectly ordered Products;
• Delivery details which are incorrectly supplied; or
• Delivery details which you fail to supply.

10. Intellectual Property Rights

• We own or we are 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 laws and all such rights are reserved.
• If you post comments about us or the Products to the Site, to any other website, blog or social media network (“Commentary”) you must ensure that such Commentary represents your fairly held opinions. By agreeing to these Terms, you irrevocably authorise us to quote from your Commentary in any advertising or social media outlets which we may create or contribute to.

11. Force Majeure events

• We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms caused by Force Majeure Events.
• Our performance under these Terms 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 these Terms may be performed despite the Force Majeure Event.

12. General Terms

• These Terms are binding on you and us and the Terms supersede and replace any previous agreement, arrangement, understanding or communication (if any) between us.
• You may not transfer, assign, charge or otherwise dispose of your rights or liabilities under these Terms, 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 any of our rights or obligations arising under these Terms, at any time without your prior consent.
• If any provision of these Terms is held by any competent legal authority to be invalid or unenforceable in whole or in part in any jurisdiction, that provision will be modified to the extent required to make it enforceable in that jurisdiction, and if not possible that provision will be severed from the Terms without affecting the validity and enforceability of the other provisions in that jurisdiction and of that provision in other jurisdictions.
• Any variation or amendment to the Terms must be agreed to in writing by you and us.
• The Terms shall be governed and construed with the Laws of New South Wales and the Parties consent to the jurisdiction of the courts of New South Wales.