Terms and Conditions

Gelato Gelato Online Terms & Conditions

1. General

1.1. The Gelato Gelato online delivery site at gelatogelato.com.au is a website that has an online ordering and delivery service, where you can browse and select products as listed for home delivery from Gelato Gelato (ABN 74776770879) (“Gelato Gelato”, “us” or “we”).

1.2. Please read these terms and conditions before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before placing an order via the Site.

1.3. Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions.

2. Your agreement to the terms and conditions

2.1. By accessing and using the Site, including placing orders of Products through the Site, you agree that you will be subject to and will comply with these terms and conditions (including our privacy policy);

(a) using the Site to obtain Products from us.

3. Registration

3.1. You must complete the customer registration process through the Site before placing an Order for Products through the Site.

3.2. You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the Site. You may not have more than two accounts per delivery address.

3.3. If you choose to use a workplace email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.

4. Privacy and Commercial Electronic Messages

4.1 Our privacy policy is available here and forms part of these terms and conditions. You acknowledge and agree to our privacy policy, collection notice and cookies statement when you use the Site and the Site’s related services, including purchasing goods and services from us using the Site.

4.2 You agree that we may send you commercial electronic messages and tailored advertising (which include marketing communications advertising goods and services) via various channels and media (including by email, SMS and mail) where you have not opted out (as described below) from receiving such electronic messages sent to you by Gelato Gelato via those channels or media. Your agreement to receive commercial electronic messages from us will be effective until you opt out.

5. Placing an Order for Products

5.1. You may order Products by selecting and submitting your Order through the Site in accordance with these terms and conditions.

5.2. Any Order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the Order.

5.3. We may ask you to provide additional details or require you to confirm your details to enable us to process any Orders placed through the Site.

5.4. You agree to provide us with current, complete and accurate details when asked to do so by the Site.

6. Acceptance or rejection of an Order

6.1. We reserve the right to accept or reject your Order for any reason, including if the requested Product is not available, if there is an error in the price or the product description posted on the Site or an error in your Order. If the product you have ordered is out of stock, we will contact you to arrange a suitable replacement prior to the requested delivery time.

6.2. Each Order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each Order accepted by us, we will supply the Products in that Order to you in accordance with these terms and conditions.

6.3. If we reject an Order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the Order or within a reasonable time after you submit your Order.

9. Minimum and maximum amounts in each Order

9.1. Unless otherwise indicated on the Site:

(b) the minimum purchase amount for each in store collection is $12.00 and for each Delivery Order is $25.00. Dependent upon location of the delivery address, a delivery fee may also be applied.

9.2. You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, then we may contact you when you place the Order or within a reasonable time after you submit your Order.

10. Delivery of Products

10.1. We will only deliver Products ordered through the Site to a location where we provide delivery services.

10.3. You may obtain further information on the Site about our delivery timeframes and how we deliver your Products. At the time you select your Products you will be given an option to select a timeframe for delivery. Although we endeavour to deliver the Products within the timeframe provided at the time of your Order these timeframes are indicative only. Delivery times may be delayed due to traffic or other unforeseen circumstances and Gelato Gelato will not provide any refund or discount on your Order or Delivery Fee for late deliveries.

10.4. We will endeavour to contact you via SMS to advise of expected delivery time. If we cannot contact you, we will not leave your order unattended at the Delivery due to the frozen nature of our products. We will contact you by phone to try and arrange an alternative delivery time on the day of delivery. (please note alternative delivery options will depend upon other deliveries that need to be made on the day).

10.5. If you are present at the Delivery Address, we will deliver the Products to the front door at the relevant Delivery Address.

10.10. You:

(a) acknowledge and agree that any person at the Delivery Address who receives the Order is authorised by you to receive your Order;

10.11. You acknowledge that we may record the details of any identification provided in relation to delivery of Products.

12. Gelato Gelato Pick Up Service

12.1. Pick up is available when our stores are open from both the Lorne and Anglesea stores as shown on the Site. During the ordering process, you need to select a store from which you will collect the order. An estimated collection time will be displayed at the time your order is placed.

12.4 You agree to comply with the following collection requirements specified in this clause and such other requirements that we notify to you when you place your Pick up Order through the Site:

(a) you must collect your order from the store selected by you when you place your order;

(d) the card used for payment is required to be shown when you collect your Order.

12.5 If you will not be the person collecting your Order then your representative must provide us with proof of their identity (including photographic identification) and, where relevant, age, and the card used for payment.

12.6 If you do not supply the appropriate identification or the relevant card of purchase:

(a) we will not allow collection of your Order; and

(b) we may charge you a fee of up to $25 and the charges for any perishable Products in your Order that we have accepted.

12.7 If you do not collect your Order within the booked collection window, we will endeavour to contact you or you may contact us to arrange for collection at a different time, and we may charge you an additional fee for that replacement Order.

12.9 You acknowledge that we may record the details of any identification provided in relation to collection of Products.

15. Risk and title

15.1. Where Products are delivered by us, risk in the Products passes to you on the date and time of delivery to the Delivery Address

For Pick up Orders, risk in the Products passes to you on the date and time of collection from our stores.

Title to the Products passes to you on the later of the date and time of:

(a) payment for those Products;

(b) delivery of those Products to the Delivery Address

16. Cancelling an Order

16.1. We may cancel any Order or part of an Order (including any Orders that we have accepted) without any liability to you for that cancellation at any time if:

(a) the requested Products in that Order are not available; or

(b) there is an error in the price or the product description posted on the Site in relation to the relevant Product in that Order; or

16.2. If we cancel an Order in accordance with:

(a) clause 16.1(a) or 16.1(b) (where product is unavailable or there is a pricing or product description error): we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled Order. If any payment has been taken for the cancelled Order, then the full payment amount, including any Delivery Fee, or other fees and charges, will be refunded to your original payment method or through an alternative means.

(b) if your Order is cancelled under clause 16.1(c), or where you are in breach of these terms and conditions, we will provide you with reasonable notice of that cancellation. If your Order is cancelled before the day of delivery or collection, depending on the payment method used, we will either not charge you, or if we have taken payment for the Order at the checkout then we will refund the full amount paid, including any Delivery Fee, and other fees and charges, to your original payment method or through an alternative means. If your Order is cancelled on the day of delivery or collection, provided we are not also in breach of these terms and conditions, then we may charge you a cancellation fee of the lesser of $20 or the value of the payments made and will refund you any excess amount to your original payment method or through an alternative means.

16.5. Due to the nature of our Same Day Delivery Orders, you cannot cancel an Delivery Order (whether it is accepted by us or not) at any time after placing the order and we will not be able to refund any payment.

17. Fees and charges

17.1. We will charge you, and you agree to pay, the following fees and charges in relation to an Order that we accept (as applicable):

(a) the purchase price of each Product that is ordered;

(b) the delivery fee provided to you at the time you selected the relevant delivery window when placing your Order or the delivery fee shown on the site and displayed when you place your Order;

17.2. All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable.

17.3. The purchase price of each Product is shown on the product list on the Site at the time you place your Order.

17.5. You acknowledge that:

Subject to these terms and conditions, once we have accepted your Order, we will not change any prices that apply to the Products in that Order.

18. Payment methods

18.1. You must pay the fees and charges online using the online payment methods in clause 18.2.

18.2. We accept the following payment methods:

(i) Mastercard, Visa, ApplePay, Paypal

18.3. If we are unable to successfully process your payment for your Order that is accepted by us, then we may notify you of dishonour and cancel your Order.

18.4. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.

19. Substitution or missing items in delivery

19.1. You acknowledge that a Product that you order may be out of stock or temporarily unavailable. If this happens, then we will not be able to provide you with that Product. We will contat you by either Phone, email or SMS to arrange a substitute.

20. Returns

20.1. Due to the perishable nature or our products, returns are not accepted for any delivered item.

22. Your general obligations

You:

(h) should check the labels on the Products before consumption or use.

23. General restrictions

You must not:

(a) use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;

(b) use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;

(d) use another person’s details without their permission or impersonate another person when using the Site;

(e) post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;

(f) tamper with or hinder the operation of the Site;

(g) knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;

(h) use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;

(i) modify, adapt, translate or reverse engineer any portion of the Site;

(j) remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;

(k) reformat or frame any portion of the web pages that are part of the Site;

(l) create accounts by automated means or under false or fraudulent pretences;

(m) use the Site to violate the security of any computer or other network or engage in illegal conduct;

(n) take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;

(o) use the Site other than in accordance with these terms and conditions; or

(p) attempt any of the above acts or engage or permit another person to do any of the above acts.

24. Suspension of account

24.1. We reserve the right to refuse service, terminate accounts and/or remove or edit content if we, acting reasonably, deem that you have acted in breach of these terms and conditions or have used the Site in a fraudulent or improper manner. Gelato Gelato also reserves the right to otherwise cancel Orders in accordance with clause 16.

24.2. If we lock, suspend or delete your account under clause 21.1, then we will refund all credits that you are entitled to receive under these terms and conditions by direct deposit to your nominated account once we have conducted all our verification and other relevant checks.

25. Warranties

You warrant that:

(a) all information and data provided by you to us through the Site or otherwise is true, accurate, complete and up to date;

(b) the person receiving the Products at the Delivery Address or collecting the Products on your behalf is authorised by you to do so; and

(c) you have and will comply with all relevant laws relating to your use of the Site and your placement of any Order to us.

26. Liability

26.1. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

• to cancel your service contract with us; and

• to a refund for the unused portion, or to compensation for its reduced value.

26.2. Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or Gelato Gelato’s liabilities under those provisions:

(a) you acknowledge that each Site is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose;

(b) we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Site or the subject matter of this agreement; and

(c) we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct.

26.3. Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

27. Termination

27.1. We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:

(a) the breach cannot be remedied;

(b) you fail to the remedy the breach within 10 days of our notice to you of that breach; or

27.2. You may stop using the Site at any time and for any reason.

27.3. We may stop making the Site (or any part of it) available without prior notice. If so, any Orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.

28. Intellectual property rights

28.1. You:

(a) acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the “Materials”) are owned by or licensed to us;

(b) must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and

(c) must not frame or embed in another website any of the material appearing on this Site without our prior written consent.

28.2. You may:

(a) store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and

(b) print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.

28.3. This Site contains registered trade marks and other trade marks which are protected by law. You must not use any of the marks or trade marks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.

29. Changes to these terms and conditions

28.1. We may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. For future orders, these terms may therefore be different. We recommend that you read these terms carefully each time you agree to them during the ordering process.

28.2. If you have an Order that has been accepted by us, the terms and conditions that will apply to the Order are the terms and conditions that applied at the time you placed your Order.

30. General

30.1. The Site may contain links to external websites that are not operated by us.

These links are provided for your convenience only and you agree that:

(a) we make no representations or warranties, or have any responsibility or liability for those websites; and

(b) these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.

You agree that you access and use the products and services made available at those sites solely at your own risk.

30.2. If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.

30.3. This agreement is governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.

30.4.Gelato Gelato attempts to be as accurate as possible and uses its best endeavours to ensure, but does not itself warrant, that any information provided by its suppliers, including in relation to product descriptions or other content of this site, is accurate, complete, reliable, current or error-free.

31. Definitions

Capitalised terms used are defined in these terms and conditions. In these terms:

Delivery Address means the address specified by you during the customer registration process for the delivery of Products that we will supply to you under these terms and conditions,

Delivery Fee has the meaning given in clause 17.1(b).

GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).

Product means each good or service that is advertised on the Site.

Restricted Product means a Product that is subject to certain restrictions (for example, age restrictions) on its sale by a relevant law, such as Products containing liquor, tobacco or sharp objects.