Terms & Conditions

1. Use of website subject to terms and conditions

Your purchase and use of the services and products via this Website is subject to the following terms and conditions. By using the Website you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them.Please tick the box 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 Convenient Kitchen.

2. About us

The website www.convenientkitchen.com.au is operated by Convenient Kitchen Pty Ltd atf the Fresh Food Delivery Trust (ABN 23 585 805 837) under the trade name Convenient Kitchen.

3.Definitions

In these Terms and Conditions:

  • Account means a personal account created by you on the Website
  • CK means Convenient Kitchen
  • CK Box means a delivery of Recipes along with fresh food ingredients such as produce, meat, fish and dry goods necessary for the relevant Recipes, which are able to be ordered via the Website
  • Delivery Date means, subject to these terms and conditions, a Monday between 2pm and 7pm
  • Delivery Point means an outside area of the Premises, such as your front door, or any particular outside area specified by you in making an order via the Website. If the Premises are a multi-level building, the Delivery Point shall be located on the ground floor of the building
  • Intellectual Property means all intellectual property rights of whatsoever nature, including (without limitation) copyright in the Recipes and any photos, video and other material on the Website
  • Market Place items means the utensils and pantry items that can be ordered in addition to the CK Box
  • An Order means either a subscription based order such as a CK Box or a market place item that are ordered on the website
  • Recipe and Recipes means the recipes from time to time designed by Convenient Kitchen that are inserted in each CK Box
  • Website means www.convenientkitchen.com.au

4. Registration and orders

Subscription order rules (CK Boxes)

  • Your order constitutes an order for an ongoing and regular purchase and delivery of CK Boxes (weekly or fortnightly) and subject to the rights to pause and cancel set out in these terms and conditions, continues indefinitely.
  • You can choose to pause (for a period of time) or cancel (indefinitely) your order.
  • You can also choose to change a weekly delivery to a fortnightly delivery and vice versa.
  • You can modify meal preferences by changing it in the "My Account" section of the website or contacting us.
  • The cut off day and time for ordering or pausing or cancelling an order is on the Wednesday at 11:59 p.m. the week before the relevant Delivery Date.
  • We only deliver to addresses within the postcode areas nominated on our website which currently comprise Melbourne and surrounding suburbs
  • Deliveries are made on a Monday from 2pm to 7pm.
  • CK Boxes do not generally include pantry ingredients such as salt, oil or spices. We will notify you in the week prior to each Delivery Date which pantry ingredients are required in order to prepare the relevant Recipes.

Marketplace Items

  • Subscription customers that also order Marketplace items will receive these items with the CK Box that are delivered on a Monday between 2pm and 7pm. No shipping charges will apply.
  • For all other non-subscription customers who only order Marketplace items:
  1. Orders are shipped using Australia Post. A shipping rate applies to all orders shipped within Australia. We reserve the right to charge additional shipping fees for large and commercial orders. Express delivery will incur additional charges, depending on the total weight of the order.
  2. We can deliver to residential addresses, business addresses and PO boxes. When shipping to a business address please ensure that you specify the business name together with a contact name at the destination. All orders must be signed for on delivery. If no one is available at the address when delivery takes place a postal card will be left and the parcel can be collected from the nearest post office.
  3. Most orders are processed and dispatched within 2 business days of the order being placed. Orders take 3-7 days for delivery, however orders to remote areas may take longer.

Communicating changes to orders

  • You can conduct your entire communication with Convenient Kitchen via the "My Account" section on the Website.
  • The email address for communications with Convenient Kitchen is customer@convenientkitchen.com.au.

Accepting or rejecting of an order

  • Convenient Kitchen has the absolute discretion to:
  1. refuse the registration application of a new Customer for any reason whatsoever;
  2. refuse to  accept or fulfil any order and may cancel an order for any reason whatsoever; and
  3. suspend or terminate the ability of any Customer to order through the Website for any reason whatsoever.

Customer liable for every order

You are liable for every order made under your Login which has not been cancelled or paused.

Trade not supplied

Unless otherwise agreed, you may not purchase CK Boxes or any Products through the Website for the purpose of resale.

5. Price and payment

Pricing

All amounts and prices listed on the Website are in Australian dollars and inclusive of GST (if applicable).

Convenient Kitchen reserves the right to change the prices from time to time. We will notify you of a price increase by e-mail at least fourteen days before the delivery date for an affected Order.

Invoicing

Convenient Kitchen can provide an invoice upon request.

Payment

Payment for your CK Box will be invoiced and deducted (or as the case may be, debited) from your credit card, on the Thursday prior to the Delivery Date. The name that will appear on your credit card statement will be Convenient Kitchen.

Method of Payment

You must pay Convenient Kitchen by credit card.

Payment by credit card declined

If your credit card is declined by its financial institution or fails to process:

  1. payment will be deducted (or as the case may be, debited) from your credit card on the Friday or Monday morning prior to the Delivery Date; or
  2. Convenient Kitchen may decline to deliver the relevant order; and/or
  3. Convenient Kitchen will contact you to make alternative payment arrangements.

Convenient Kitchen reserves the right to refuse to accept payment from any particular customer by credit card for any reason whatsoever.

Adjustments

If you have paid an incorrect amount for any Order, Convenient Kitchen shall be paid for an underpayment or you will be refunded for any overpayment.

Debt collection

You are liable for all costs associated with debt collection where you default in payment for any order.

6. Refunds and returns

Subscription order (CK Boxes)

  • First Delivery - Convenient Kitchen offer a money back guarantee on your first deliver if you are not completely satisfied with your first CK Box. This offer is valid for 7 days following the date of your first delivery.
  • Incorrect or spoiled ingredients - If any CK Box has incorrect recipes or if the ingredients are damaged or spoiled on delivery to you, Convenient Kitchen will at its option either refund the value of the ingredients that was ordered or replace that Box. Convenient Kitchen reserves the right to collect these ingredients from you or may require photographic evidence and/or a sample of the damaged or spoiled Product.
  • Undelivered Box - If any CK Box has not been delivered, Convenient Kitchen will at its option either refund the value of the purchase or deliver that Box.

Marketplace items

  • Items with warranty claims - we will do everything we can to ensure your warranty is processed smoothly. We have a great relationship with all our suppliers, and will work directly with them to ensure any warranty issues are rectified in a timely manner.
  • Goods arrived damaged - if for some reason your goods arrived damaged or inoperable, we will do everything we can to fix the issue. Obviously, this is our responsibility and we will correct things as quickly as possible.

7. Product availability

Convenient Kitchen will make every effort to fulfil orders placed with the Website, however we will not be liable to any person if we are unable, or decline, to supply a CK Box or Marketplace Product for any reason whatsoever.

We reserve the right to limit quantities able to be ordered by, or delivered to, Customers. If a Customer's order is reduced in accordance with this clause, the price payable by you for that order will be adjusted accordingly.

Convenient Kitchen may delay the dispatch of orders due to stock availability. In such cases, Convenient Kitchen will notify the affected Customers.

8. Delivery

Delivery areas

CK Boxes - We only deliver to addresses within the postcode areas nominated on our website. You will be advised during the order and registration process (and also via email) if we are not able to deliver to your address. Delivery locations are accepted based on the suburb and postcode of the delivery address and so it is important that you provide us with your correct address information.

Market Place products – We deliver Australia wide but shipping charges may apply. Where it is not possible to deliver the Goods to a PO Box and you have input a PO Box as the delivery address when placing your Order, Convenient Kitchen will call you to arrange an alternative delivery address.

Delivery and liability

For CK Boxes deliveries will, subject to these terms and conditions, be made to the Delivery Point on the Delivery Date.

Convenient Kitchen 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, Convenient Kitchen will leave your order at your front door. If you advise Convenient Kitchen of any specific delivery instructions in your order, Convenient Kitchen will endeavour to comply with these instructions to the extent reasonably within its control. You must ensure that your Delivery Point is easily accessible to Convenient Kitchens' delivery person, and that it is safe for our delivery person to enter your premises in order to complete the delivery.

You will be responsible for your order from the time we deliver your products in accordance with your instructions. We accept no liability or responsibility for any product once the product has been delivered to you.

Change of address

You must notify Convenient Kitchen immediately of a change to your delivery address. You can alter the Delivery Point and Premises at any time up to 11:59 p.m. on Wednesday evening the week before the Delivery Date.

Delays to delivery

Convenient Kitchen always aims to deliver on time but may from time to time be delayed and shall not be liable for failure to deliver on a timely basis.

If Convenient Kitchen considers that the delivery of your order is likely to be substantially delayed, Convenient Kitchen will contact you (via phone, text, email or your online account) to arrange an alternative delivery timeframe. If that timeframe is unacceptable to you, you may decline to accept the order and Convenient Kitchen will credit you with the cost of that Order.

Where the Delivery Date falls on a public holiday, we reserve the right to deliver on the next working (non-public holiday) day. In any such case we will endeavour to notify you before the relevant Delivery Date.

9. Ownership and risk

Ownership, responsibility and risk in the Products shall pass to the Customer on delivery to the Delivery Point.

10. Termination

Customer rights to terminate

You can pause or terminate this agreement at any time temporarily or indefinitely by notifying us via your online account. The cut off day and time for pausing or terminating an order is on the Wednesday at 11:59 p.m. the week before the relevant Delivery Date.

Termination does not relieve parties from liability up to termination date

Termination of this agreement does not relieve the parties from liability under this agreement up to the time of termination, nor does it relieve either party of any obligation to pay any money owed by it to the other party on any account whatsoever. You agree that we can continue to market our products and services to you after termination unless you advise us that you do not wish to receive any further material from us.

Convenient Kitchen right to terminate

If orders are not paid for in full or a customer's bank declines payment on a customer's bank card and as a result money is owing to Convenient Kitchen, then Convenient Kitchen reserves the right to suspend the customer's ability to place further orders on the Website until such time as the outstanding balance has been paid in full.

In any event Convenient Kitchen may, at its absolute discretion, suspend or terminate the ability of any Customer to order through the Website for any reason whatsoever.

No waiver of Convenient Kitchen rights

Convenient Kitchen's failure to insist upon or enforce your strict compliance with these terms and conditions will not constitute a waiver of any of our rights.

11. Warranties

All representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions of merchantability and/or fitness for a particular purpose, tolerance to any conditions or similarity to sample are excluded to the fullest extent permitted by law. You acknowledge that you do not rely on any representation or statement made by or on behalf of any member of Convenient Kitchen other than the express provisions of these terms and conditions. You must ensure that the Products are not used for any purpose for which they are not suitable and you are responsible for using all necessary skill and care in handling and using the Products. You expressly acknowledge and agree that Convenient Kitchen does not assume any obligation or liability for any advice given, and that all such Products are accepted by you entirely at your risk.

12. Liability and indemnity

Allergies and specific dietary requirements

The CK Boxes are not designed to cater for allergies or specific or cultural dietary requirements. You must take care and have all responsibility for checking the ingredients in CK Boxes.

Liability in respect of non-excludable guarantees

Nothing in these terms and conditions is or should be interpreted as an attempt to modify, limit or exclude terms, conditions, guarantees or warranties which are imposed by statute (including but not limited to the Australian Consumer Law) and which cannot be modified, limited or excluded.

If Convenient Kitchen is liable to you for breach of a term, condition, guarantee or warranty which is imposed by statute, then to the extent permitted by law that liability is limited, at the option of Convenient Kitchen, to:

in the case of goods, any one or more of the following:

  • the replacement of the goods or the supply of equivalent goods;
  • the repair of the goods;
  • the payment of the cost of replacing the goods or of acquiring equivalent goods;
  • the payment of the cost of having the goods repaired; or

in the case of services:

  • the supplying of the services again; or
  • the payment of the cost of having the services supplied again.

Product liability

The liability of Convenient Kitchen whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, a Product or any other breach of Convenient Kitchens' obligations hereunder shall not in any event exceed an amount equivalent to the price of the relevant Order.

No liability for indirect loss

Convenient Kitchen shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to your use of, or inability to use, the Website, or the delivery or failure to deliver any Products.

Indemnity

Notwithstanding any other term, you agree to indemnify Convenient Kitchen against all liabilities, losses, claims and expenses suffered or incurred by you, and all claims and demands made against Convenient Kitchen, arising directly or indirectly out of your use of the Website, any breach of these terms and conditions by you, or the delivery or failure to deliver any Products.

13. Intellectual property

All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to the Website and its contents, including all Recipes, is owned by, and shall at all times remain the exclusive property of, Convenient Kitchen, its licensors and the providers of any other products and services accessible through the Website, and is protected by Australian and international law.

14. Events outside our control

If the performance by Convenient Kitchen of its obligations under these terms and conditions is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever beyond the reasonable control of Convenient Kitchen) Convenient Kitchen shall be excused from such performance to the extent of such prevention.

15. Website content and use

Links to third party websites

Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by Convenient Kitchen. Convenient Kitchen does not monitor the content of any other website and is not liable or responsible in relation to any content on them.

Security of information

Convenient Kitchen shall use its reasonable endeavours to prevent any unauthorised entry into the Website. However, Convenient Kitchen will not be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.

Login

You must keep your Login details safe and confidential at all times.

Site content

While Convenient Kitchen has endeavoured to ensure that the information provided on the Website is free from error, Convenient Kitchen does not warrant its accuracy, adequacy or completeness, and Convenient Kitchen shall not be responsible or liable for any error in, or omission from, the information provided on the Website.

We reserve the right to make changes to the information provided on the Website at any time and without notice.

Use of the site

You agree not to use the Website for any purpose that is unlawful or prohibited by these terms and conditions. You may download the information on the Website for your own personal use but otherwise neither the Website, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without Convenient Kitchens' prior written consent. You agree that you will not interfere with any other party's use and enjoyment of the Website, or damage the operation of the Website, or Convenient Kitchens' systems or those of other persons who use the Website, whether by way of a virus, corrupted file, any other software or program, or otherwise.

16. Gift vouchers

  • Go to the “Gift Voucher” tab on the Website, enter the voucher number and then follow the instructions to complete your purchase(s).
  • Gift vouchers may be purchased from anywhere online via the Website, but please note we only deliver CK Boxes in Melbourne and Market Place products to addresses within Australia.
  • We will deliver gift vouchers purchased by you via email to your email address.
  • You are responsible for ensuring that all information provided in relation to purchase of the gift voucher is correct.
  • Gift vouchers can be partially redeemed. The un-used balance is non-refundable where you are not an ongoing Convenient Kitchen customer. If you are an ongoing Convenient Kitchen customer, the un-used balance will be credited to your account.
  • The minimum gift voucher amount is $20 and the maximum gift voucher amount is $1,000.
  • Where you are giving a gift voucher to an existing Convenient Kitchen customer, or if the gift voucher recipient chooses to subscribe to Convenient Kitchen on redemption, the amount of the voucher will be applied as a credit to their account or they can choose to purchase additional Products.
  • All gift vouchers expire 12 months from date of purchase.
  • A gift voucher cannot be reloaded, and unused balances at the expiry date will not be refunded.
  • Convenient Kitchen is not responsible if a gift voucher is used without permission.
  • Gift vouchers will not be refunded or replaced.
  • Gift voucher value cannot be redeemed for cash or credited to a bank account.

17. General

Convenient Kitchen reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.

Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

These Terms and Conditions are governed by the laws of Victoria, Australia.

Version 1
1 January 2016