Terms and Conditions
(“Apennine”, “we”, “our” or us) will supply to you the products (Products) listed on our website www.apenninegournetfoods.com.au (Website).
We collect personal information about you in order to facilitate the buying and selling process. 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.
We may use your contact information to send newsletters from Apennine and our related companies.
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.
This Website and our products are only available to people residing in Australia, as such we do not accept orders from individuals outside Australia.
By placing an order through our site, you warrant that you are legally capable of entering into binding contracts, are at least 18 years old and you are a resident in one of the Service Areas.
How the contract is formed
Due to the nature of our business Apennine requires a minimum notice of 48 hours prior to order cut off mentioning your intention to cancel your order. This must be done by calling our Customer Care Team on (03) 9304 1347.
After ordering online, you will receive an email confirmation from Apennine containing your order details to the email address used to place the order. Our current delivery areas are all areas within 30ks of the Melbourne CBD.
Delivery addresses and the day of delivery may not be altered once an Order has been placed. We deliver the Products to the front door at the relevant Delivery Address.
You will be responsible for your order from the time we deliver your products to the nominated address. We accept no liability or responsibility for any product once the product has been delivered to you.
Apennine will not be held liable for any financial or physical damages of any kind. Apennine 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.
Customers must notify Apennine if they have received an incorrect meal or are missing a meal within 24 hours of delivery by phone on (03) 9304 1347.
You understand that Apennine may need to change your delivery date from time to time. We will notify you as soon as reasonably practicable if your delivery date and tie changes for any reason.
At times of high demand, some items you are trying to order may not be in stock in time to fulfil for your delivery.
Price and Payment
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.
Product prices include applicable taxes including GST.
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 (03) 9304 1347 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 Apennine within the designated time will deem the goods spoiled and your acceptance of the delivery, which you will be charged for. Apennine may refund payment in the event that there is a confirmed error on our end and/or you have been incorrectly charged..
Apennine will not be held liable to any financial or physical damages of any kind. For any delivery or meal issues or feedback, please contact our customer service team on (03) 9304 1347 or send email firstname.lastname@example.org
within 7 days of receiving your order. Photos of the meal 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.
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.
All disputes to be lodged at email@example.com 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.
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.
The laws of Victoria and the Commonwealth of Australia apply to these terms and conditions. All disputes will be heard and settled in accordance with the Courts of Victoria and any courts of appeal therefrom.