ALPS & AMICI FOODSTORE & KITCHEN ONLINE TERMS & CONDITIONS
1.1 This Alps & Amici pty ltd at www.alpsandamici.com.au (the “Site”) is a shopping website where you can browse, select and order products advertised on the Site from Alps & Amici Pty Ltd ABN 56 137 207 526 trading as Alps & Amici Foodstore & Kitchen
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 accessing and using 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. Compliance with the Terms & Conditions
2.1 You agree to bound by, and comply with, these terms and conditions:
(a) by completing your registration through the Site; and
(b) using the Site to obtain Products from us.
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.
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. Placing an order for Products
4.1 You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
4.2 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.
4.3 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.
4.4 You agree to provide us with current, complete and accurate details when asked to do so by the Site.
4.5 For weighed items, the weight specified at checkout is an estimate. We will endeavour to provide you with the weight stated, however this may not be possible in every case.
5. Acceptance or rejection of an order
5.1 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 in your order.
5.2 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.
5.3 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.
6. Delivery of Products
6.1 We only deliver Products ordered through the Site to a location where we provide delivery services. During the ordering process, you need to select a date and time window for us to deliver your order to you. You also agree to provide us with complete and accurate information that we ask you to provide to enable us to fulfil your order that we have accepted.
6.2 We will aim to deliver during the window that you select. However, if an event occurs that is beyond our reasonable control, then 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 a delay as soon as reasonably possible.
6.3 We will deliver the Products to the front door at the relevant Delivery Address. If you ask us to deliver inside a premise or building at the Delivery Address and we agree to do so, then you are responsible for all loss or damage suffered by us in connection with our delivery of the Products beyond the front door of the Delivery Address.
6.4 If there is no-one or no authorised person at the Delivery Address to receive the order, then we will not deliver the Products you have ordered.
In this instance, we will endeavour to contact you or you may contact us to arrange for delivery at a different time. We will charge you a re-delivery fee equal to the initial delivery fee and may charge you for loss of any perishable Products in your order.
Alternatively you may arrange to collect your order instore, in which case no re-delivery fee will apply.
6.5 You acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to receive your order.
6.6 You many change your delivery time or date by contacting Customer Service during Contact Hours. If you change your delivery time or day:
(a) before your original day of delivery, then no fees or charges will apply to that change.
(b) on the day of delivery, then we may charge you a re-delivery fee equal to your original delivery fee and the charges for any perishable Products that were ordered
7. Risk and title
Risk in the Products passes to you on the date and time of delivery to the Delivery Address. Title to the Products passes to you on the later of the date and time of:
(a) payment for those Products; and
(b) Pick up or delivery of those Products to the Delivery Address.
8. Cancelling an order
8.1 We may cancel any 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
(c) that order has been placed in breach of these terms and conditions.
If we do so, then we will endeavour to provide you with reasonable notice of that cancellation,
8.2 You may cancel an order by contacting the Foodstore by phone 03 6331 1777
If you cancel your order:
(i) before the day of delivery or pickup then no fees or charges will apply to that cancellation; and
(ii) on the day of delivery, then we may charge you a cancellation fee of $20.00 and the charges for any perishable Products that were ordered.
9. Fees and charges
9.1 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 (“Delivery Fee”); and
(c) the cancellation fee for an order that is cancelled as set out in clause 9.2(b) (ii); and
(d) any other fees and charges set out in these terms and conditions.
9.2 All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable.
9.3 The purchase price of each Product is shown on the product list on the Site at the time you place your order.
9.4 Just like in our stores, prices for Products change from time to time and we do not provide any notice of these changes. 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.
(a) a Product that you have ordered is not available and we have not provided you with a substitute; or
(b) you cancel an order under clause 9.2(a),
then we will credit your account within 3-5 business days to the value of the Products that were not supplied to you.
10. Payment methods
10.1 Subject to clause 11.3, you must pay the fees and charges online using the online payment methods in clause 11.2.
10.2 We accept the following credit cards:
(i) Visa; Visa Debit
(iii) MasterCard; MasterCard Debit.
10.3 Payment by cheque or cash on delivery is not accepted under any circumstances.
10.4 If we are unable to successfully process your credit card payment for your order that is accepted by us, then we may notify you of this and cancel your order.
10.5 You authorise Alps & Amici pty ltd to debit the amount that is payable for an accepted order from your nominated credit card to pay for the fees and charges.
10.6 You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.
10.7 We will provide you with a receipt.
11. Substitution or missing items in purchase
11.1 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.
11.2 If you select the substitute option for some or all of your Products in an order, then we will endeavour to provide you with a substitute Product when the Product you have selected is not available.
We aim to select substitute Products that are of similar value and quality, but (subject to clause 12.5) we reserve the right not to provide you with a substitute Product even if a suitable substitute Product is available.
11.3 We provide you with an option to obtain a substitute Product for most Products, however, some Products such as gluten free products or other special dietary products are not able to be substituted.
11.4 If selected by you, then we will endeavour to provide you with a substitute Product. If the price for that substitute Product is of equal or greater value than the Product you selected we will charge you the price of the substitute Product. If the substitute product costs less, we will credit your account within 3-5 business days with the amount of the price difference of the substitute Product. This balance can then be applied to your next purchase.
11.5 If there are items missing from your order, then you should check the receipt that we provided to you to determine if the missing Product is marked as out of stock. If so, we will credit your account within 3-5 business days to the value of the Products that were not supplied to you. In all other circumstances, you may contact Alps & Amici Foodstore during opening Hours within 24 hours of the delivery time and we will take steps to verify and confirm any such missing items. Once we are reasonably satisfied that the item was not delivered to you, then we will (at your option):
(i) credit your account within 3-5 business days to the value of the Products that were not supplied to you; or
(ii) arrange for a re-delivery of the missing item at an agreed time.
12 If you wish to return a Product that was provided to you under these terms and conditions, because it is defective, then you may:
(a) return that Product to Alps & Amici Foodstore for a refund; or
(b) contact Alps & Amici Foodstore by telephone within 8 hours of the delivery time to make arrangements to return that Product.
You must provide us with the invoice we issued to you for your order to make a claim under this clause. If you fail to do so, then we may reject or deny your claim.
13. Your general obligations
(a) must promptly advise us of any changes to your information provided.
(b) are responsible for any costs associated with your access to or use of the Site, including Internet access fees;
(c) are responsible and liable for any person that uses your account and password to order Products through the Site.
(d) agree that we may charge you for all Products that we agree to supply to you that have been ordered using your account and password through the Site.
(e) should check the labels on the Products before consumption or use.
14. 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;
(c) make fraudulent or speculative enquiries, purchases or requests through 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.
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 picking up the products instore 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.
16. Changes to these terms and conditions
We may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions. 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.
Capitalised terms used are defined in these terms and conditions. In these terms:
Business Hours are Monday to Friday 7.30 am to 6.30pm and Saturday 8am to 2pm
Customer Service is available during Business Hours by calling the Foodstore on 6331 1777 or emailing email@example.com
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.
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.