By accessing and using the Website you agree to be bound by these terms and conditions (Terms). These Terms also apply to any agreement between you, the user and/or visitor to the Website or person who otherwise places an Order (whom we refer to as “you” or “your” in this Agreement) and Passel Foods Pty Ltd ACN 658 913 010 as the trustee for the Passel Unit Trust ABN 37 510 898 214 (we refer to ourselves as “us”/“we”/“our” in this Agreement). The Terms may be varied by Us from time to time. Capitalised words may be defined in clause 10.
1.1. You must not use the Website for any purpose other than that for which it is intended to be used generally, or for any malicious purpose.
1.2. You must not copy, distribute, commercialise or otherwise use any Website content otherwise than as permitted by law, the Terms, or by our consent.
1.3. You must not access, or attempt to access, the Website from any place or in any circumstance where such access may be illegal.
1.4. In order to use the Website, and place an Order, you will need to provide us with certain personal information. Unless compelled to do so by law, or in accordance with the Terms, we will not disclose any personal information otherwise than is necessary for us to perform in accordance with this Agreement.
1.5. Any information on the Website, except Product Information, is general in nature and should not be relied upon.
1.6. Any photographs or other visual depictions appearing on the Website or otherwise in relation to any Product are intended to be indicative only.
1.7. We may suspend, terminate, disable or block access to the Website. We do not warrant that the Website or any Product will be available at any particular time.
2.1. We manufacture and/or sell the Products via:
2.1.1. the Website;
2.1.2. Delivery Intermediaries; and
2.1.3. such other third party intermediaries and venues as we may determine from time to time.
2.2. We intend for the Products to be vegan and food allergy and intolerant friendly and use our reasonable endeavours to ensure that they are, but the Products may contain peanuts, tree nuts, milk, eggs, sesame seeds, fish and shellfish, soy, lupin, wheat and/or other food allergens because the Products are prepared from facilities containing such food items and cross-contamination may occur.
2.3. The Products may contain substances and foreign materials that are usually associated with fresh foods but that may be harmful if ingested, including pips, seeds, stalks, grit, particles and other organic organisms.
2.4. You agree to:
2.4.1. check the Product before consuming it;
2.4.2. consume it responsibly in accordance with any Product Information; and
2.4.3. consume the Product at your sole risk.
2.5. Where available, Product Information concerning the Products is available on the Website.
2.6. Unless expressly stated otherwise, no information on this Website nor any Product Information is medical or other professional advice but is of a general nature only.
2.7. Product Information concerning Products we do not manufacture may be provided to us by one or more third parties. While we take every opportunity to verify such Product Information, we rely on the information provided to us by third parties and we do not accept liability for errors or inaccuracies in such Product Information.
2.8. The Products may vary from time to time for any reason including preparation and cooking processes and procedures or changes in the quality or attributes of ingredients used which may change seasonally according to conditions.
2.9. In the event that usual ingredients are not available to us for any reason, we reserve the right to substitute other suitable ingredients.
2.10. Without limitation of any other right we may have, we reserve the right to remove from sale, and from the Website, any Product, or to amend or replace any Product Information.
3.1. You may place an Order for one or more Products via:
3.1.1. the Website; or
3.1.2. the Delivery Intermediaries.
3.2. To place an Order, You must supply to us, via the Website or the platform of the Delivery Intermediaries, certain information as we determine from time to time including your name, telephone number, email, and a valid Delivery Address.
3.3. Any Order placed constitutes an offer to purchase the Products the subject of the Order, which we may accept or reject in our absolute discretion. Without limitation, we will not accept an Order if you do not provide us with the required information.
3.4. By placing an Order, you agree to pay us the Product Sale Price and any other charge we impose which may include, but not be limited to, GST.
3.5. If we accept an Order we will endeavour to supply the Products in accordance with this clause and deliver them via our Delivery Agents.
3.6. An Order placed and accepted before 8pm on a Monday of any week will be scheduled for delivery during that week. Delivery of an Order that is placed and accepted after this time will be scheduled for delivery in the following week.
3.7. You may cancel or vary an Order we have accepted at any time prior to 8pm on:
3.7.1. the day you place the Order, if that day is a Monday; or
3.7.2. the Monday immediately following the day of your Order if that day is not a Monday.
3.8. You may not cancel or vary an Order otherwise than in accordance with clause 3.7 without our prior consent.
3.9. Upon prior notice to you, we may change the day and time referred to in clause 3.7.
3.10. If a Product the subject of an Order that we have accepted is not available, we may offer you an alternative Product. If you tell us that the alternative Product is not acceptable to you, we will not charge you the Product Sale Price for that Product or will otherwise refund that Product Sale Price, or provide a Credit Note, as soon as reasonably practicable.
4.1. Orders may be accepted automatically via either the Website or the Delivery Intermediaries immediately upon submitting an Order, or otherwise within a reasonable time after the Order is placed.
4.2. On accepting an Order the Product Sale Price will be charged.
4.3. All amounts charged must be paid by credit card via facilities accessible from the Website or the Delivery Intermediaries or via such other methods as we may approve from time to time.
4.4. Except by prior alternative arrangement that is acceptable to us, we will not dispatch for delivery any Product until such time as payment in full of the Product Sale Price and any other charge has been received.
5.1. We will only deliver Products to a valid Delivery Address.
5.2. Delivery of the Product will only be attempted on a single occasion.
5.3. Delivery of the Products will be scheduled for Thursdays between 2pm and 6pm and/or during such other day(s) and times as we may determine and notify from time to time.
5.4. We will use our best endeavours to deliver the Product in good condition and, where applicable:
5.4.1. frozen not exceeding 0 degrees Celsius; or
5.4.2. a temperature not exceeding 5 degrees Celsius.
5.5. You warrant to us that you will store the Product appropriately including, for all temperature controlled Products, in frozen or refrigerated conditions to ensure that the temperature of the Products remains at or below that indicated in clause 5.4 and not otherwise for more than 2 hours. Frozen Product that has thawed to any extent should not be re-frozen.
5.6. If the delivered Product is not delivered to you and thereafter maintained in the condition contemplated by clause 5.4, or is not otherwise acceptable to you for any reason, you should not consume it and should contact us or the Delivery Intermediary via whom you placed the Order as soon as reasonably practicable.
5.7. We reserve the right to refuse delivery of the Products at the Delivery Address if we or our Delivery Agents determine that delivery would expose us, our employees, contractors or agents, or any other person, to be exposed to an unacceptable risk. If we refuse delivery pursuant to this clause, you agree that we will not be liable to refund or otherwise provide you with any credit against any charge imposed by us pursuant to these Terms.
5.8. We may facilitate, and you may nominate, collection of Products by you from advised collection points from time to time, in which case:
5.8.1. you agree to collect the Products during such collection times as we may advise;
5.8.2. you agree to receive, handle, and store the Products in the manner contemplated by clause 5.4; and
5.8.3. on collection, you accept delivery of the Products for the purposes of clause 6.
6.1. You must ensure that the Delivery Address is safe and otherwise in a condition that enables us or the Delivery Agents to deliver the Products safely and without undue interference or impediment.
6.2. You must ensure that:
6.2.1. someone is available at the Delivery Address to accept delivery of the Products being delivered; or
6.2.2. there is otherwise a safe and secure place to leave a delivery whereupon acceptance of it by you will be deemed.
6.3. By accepting delivery of the Products, you acknowledge that the Product was delivered in good condition.
6.4. We do not accept responsibility for stolen, damaged or loss of Products delivered to the Delivery Address.
6.5. On accepting delivery of the Product, you assume responsibility for it and warrant to us that you will:
6.5.1. promptly comply with any and all use instructions relating to the Product including, but not limited to, where applicable, ensuring that the Product remains frozen or otherwise temperature controlled until its intended use; and
6.5.2. not re-supply the Product as part of any commercial arrangement without our prior written consent.
7.1. We will refund the Product Sale Price and any other charge imposed by us in relation to a Product if:
7.1.1. an administrative or technical error has caused an incorrect Product Sale Price to be charged to you (in relation to which we have received payment);
7.1.2. Product Information in respect of a Product purchased by you was fundamentally in error; or
7.1.3. we are otherwise required by law to do so.
7.2. All requests for refunds must be sent to contact@passelfoods.com.au or such other location as we may specify together with details of the Product in relation to which a refund is sought and also the reason for the refund request.
7.3. In circumstances other than those referred to in clause 7.1, we may, at our sole discretion, refund the Product Sale Price or provide a Credit Note to you.
7.4. We will not generally refund or provide a Credit Note if:
7.4.1. you seek to cancel or vary an Order otherwise than in accordance with clause 3.7;
7.4.2. the Product is past its use-by or best-before date when the refund is requested;
7.4.3. you failed to read these Terms or the relevant Product Information; or 7.4.4. the Product has been tampered with.
7.5. If we determine to provide you with a refund or Credit Note due to some alleged deficiency with the Product, we reserve the right to require you to return some or all of the Product to us.
7.6. We reserve the right not to recognise or apply a Credit Note any time after the third anniversary date of its issue by us.
8.1. Subject to this clause 8, and to the extent permitted by law, we and our employees, contractors, agents, Delivery Intermediaries or Delivery Agents accept no liability arising out of the supply or non-supply of the Products or otherwise by virtue of this Agreement, whether arising at law, in equity or by virtue of any statute, except to the extent that the liability arises solely from the gross negligence of us, our employees, contractors, agents, Delivery Intermediaries or Delivery Agents in which case our liability will be limited to, as we determine:
8.1.1. the replacement of the Products or the supply of equivalent Products; or
8.1.2. the payment of the cost of replacing the Products or of acquiring equivalent Products.
8.2. Our liability for failure to comply with a Guarantee will be limited to, as we determine:
8.2.1. the replacement of the Products or the supply of equivalent Products; or
8.2.2. the payment of the cost of replacing the Products or of acquiring equivalent Products.
8.3. You indemnify us and our employees, contractors, agents, Delivery Intermediaries or Delivery Agents from any claim, demand, or loss arising out of your breach of these Terms including but not limited to any deliberate or reckless use of the Website or consumption, service or other use or handling of any Product.
8.4. Nothing in this clause 8 shall be read or applied so as to purport to exclude, restrict or modify, or have the effect of excluding, restricting or modifying, the application of all or any of the provisions of the Competition and Consumer Act 2010 (Cth) or any relevant State Act or Territorial Ordinance which by law cannot be excluded, restricted or modified.
9.1. A waiver of or failure by us to enforce a right arising under the Agreement does not affect any other of our rights whether arising under the Agreement or otherwise.
9.2. If any clause of the Agreement is invalid or unenforceable in any jurisdiction it is to be read down for the purposes of that jurisdiction so as to enable it to be valid and enforceable and otherwise, and to the extent of any invalidity, shall be severed without effecting, to the extent possible, the validity and enforceability of the remaining clauses of the Agreement.
9.3. If our performance of any obligation arising under the Agreement is prevented or delayed by reason of an act of nature or the consequence thereof including, but not limited to fire or flood, delays or damage in transportation or other causes beyond our control, we may rescind unconditionally, and without liability, the Agreement or the unperformed part thereof.
9.4. The Agreement shall be governed by, and construed in accordance with, the laws for the time being in force in the state of Victoria and us and you submit to the nonexclusive jurisdiction of the courts of that state.
9.5. Unless otherwise stated in the Agreement, any clause of the Agreement which expressly, or by implication from its nature, is intended to continue, will survive the expiration or termination of the Agreement.
9.6. We may vary these Terms at any time with or without notice.
9.7. We may assign our rights and obligations (or any one or more of them) under this Agreement without notice.
9.8. We reserve all our rights to the extent that they are not reserved by the Terms and Conditions
10.1. In the Agreement, unless the context otherwise requires:
Agreement means the agreement between us and you relating to the Products pursuant to the Terms;
Credit Note means the creation of a non-transferable right by us in you to receive credit toward the Product Sale Price or other charges imposed pursuant to this Agreement;
Delivery Address means an address provided by you that is in the Delivery Zone and to which we will deliver, or arrange for the delivery of, the Products the subject of an accepted Order;
Delivery Agent means an entity whom we employ or engage, or who is otherwise employed or engaged by any Delivery Intermediaries, to deliver Products on our behalf;
Delivery Intermediaries means any platform via which an Order may be placed for the purchase and delivery of a Product as we determine from time to time;
Delivery Zone means an address that is within 15km of our Place of Business and such other zones as we may determine from time to time;
GST has the meaning defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth);
Guarantee means a guarantee for the purposes of Part 3-2 of Schedule 2 of the Competition and Consumer Act 2010 (Cth);
Order means an offer made by you via the Website or any of the Delivery Intermediaries to purchase one or more Products;
Place of Business means 47-51 Boundary Road, North Melbourne, Victoria Australia and/or such other place(s) as we may determine from time to time;
Product(s) means any good sold and supplied by us;
Product Information means all information relating to a Product supplied by us including, but not limited to, description, ingredients, nutritional information, allergen information and warnings, directions for use, and use-by / best-before date(s);
Product Sale Price means the GST inclusive price for the Product as stated on the Website or, in respect of any Product the subject of an Order, as otherwise indicated by the Delivery Intermediaries via whom an Order was placed; and
Terms means the terms and conditions of this Agreement as varied by us from time to time
The information, blogs, educational series, interviews, podcasts, general material, videos, and all other content shared on the Passel Foods website or social media platforms are intended solely for informational and educational purposes. They do not intend to diagnose, treat, cure, manage or prevent any disease or illness. The author(s) make no guarantee or warranty regarding the accuracy, completeness or usefulness of any information provided, and shall not be liable for any content presented. It is always recommended to consult a professional medical practitioner for specific medical advice before making any changes to your current diet or lifestyle.
