Terms and Conditions

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By using the application or website operated by Old Mates Kitchen (“Old Mates Kitchen Website”), the customer (“You”) agree to the following ecommerce terms and conditions (“Ecommerce Terms and Conditions”), the Website Terms of Use and the Privacy Policy. If you have any questions relating to these Ecommerce Terms and Conditions, please contact customer service on admin@oldmateskiten.com.au (“Customer Service”).

General Provisions

You may purchase food products or merchandise (“Goods”) by booking a request for such purchase (“Order”) through the ordering system published on The Old Mates Kitchen Website (“Web Order System”) either:
by making a one off booking by completing the personal and billing information on the “Online Store” component of The Old Mates Kitchen Website; or
by creating an online account which will allow You to make regular Orders. In respect to your use of the Web Order System, You agree and acknowledge that:
You are fully responsible for the safekeeping of your personal details, passwords and payment details as provided in connection with the creation and use of the online account on Old Mates Kitchen Website (“Online Account”). Old Mates Kitchen Group (“Old Mates Kitchen”)uses a protected environment (hhtps) to ensure that the passwords and payment details are protected;
all personal details, such as your name, telephone number, email address, payment details, and Order details are correctly supplied by You to Old Mates Kitchen. Should these details be incorrect, Old Mates Kitchen will accept no liability whatsoever in this respect;
all Orders made through the Web Order System are deemed to be an express intention to purchase the Goods for the agreed online price;
each Order You place will form a separate and binding agreement between You and Old Mates Kitchen with respect to the supply of Goods, in accordance with these Ecommerce Terms and Conditions.
Old Mates Kitchen reserves, at its sole discretion, the right to terminate your access to the Web Order System and/or to cancel or amend any Orders You have placed. You shall have no right to claim any loss, damage or compensation whatsoever against Old Mates Kitchen should Old Mates Kitchen exercise any of its rights in the Ecommerce Terms and Conditions.
Old Mates Kitchen may amend the Ecommerce Terms and Conditions from time to time without prior notice to You.

Your Conduct

You must act reasonably and in good faith in your conduct with Old Mates Kitchen and Old Mates Kitchen Website.
You are permitted to provide comments or feedback about Old Mates Kitchen’s performance or Goods (“Feedback”) on Old Mates Kitchen Website.
In relation to the Feedback, You agree and acknowledge that:
Your rights and interests in this Feedback, including any copyright, are waived and transferred immediately to Old Mates Kitchen;
Old Mates Kitchen obtains all proprietary interests in this Feedback; and Old Mates Kitchen may use this Feedback as it deems fit.
Old Mates Kitchen reserves the right to deal with, remove or delete, at its sole discretion, any Feedback or comments provided by You should Old Mates Kitchen determine, in its sole discretion, that such Feedback provided violates any law or regulation, is or may be false, misleading, deceptive, defamatory, threatening, harassing, discriminatory, obscene or harmful in any way. You shall not be entitled to any compensation from Old Mates Kitchen for any loss or damage sustained in this respect.
You acknowledge that:
All pictures and images of Goods displayed on Old Mates Kitchen Website are for illustration purposes only and the actual Goods may differ in real life; and
You have read any corresponding information or description of the Goods prior to submitting your Order.
In relation to any Order made, You acknowledge that you act on your own behalf and not for any third party. The contract for supply of Goods shall be between You and Old Mates Kitchen.

Obligations of Old Mates Kitchen

Old Mates Kitchen shall endeavour to process and dispatch all Orders within 2 working days.
While Old Mates Kitchen endeavours to always maintain its full inventory of Goods displayed on Old Mates Kitchen Website, Goods may from time to time be unavailable or not be as described. If You Order any Goods that are unavailable Old Mates Kitchen shall use reasonable endeavours to arrange a full or partial refund to You.
Old Mates Kitchen reserves the right to withdraw or suspend any Goods displayed on Old Mates Kitchen Website for sale either temporarily or permanently without any notice.

Payment for the Goods

All prices displayed on Old Mates Kitchen Website are in Australian Dollars and are inclusive of GST (where applicable). All costs are exclusive of delivery charges which shall be calculated prior to finalising your Order.
All Goods must be paid for by You to Old Mates Kitchen immediately at the time of making the Order through the Web Order System.
Any payment in respect of your Order must be cleared and received by Old Mates Kitchen prior to the Order being dispatched. Orders are subject to validation checks of account and credit card holder details.
Should the payment transaction for the Goods be declined or have failed, Old Mates Kitchen reserves the right, at its absolute discretion, to refuse to deliver the Goods to your chosen address.
Once payment of your Order has been processed You shall receive a tax invoice via email.

Delivery and returns

All deliveries are fulfilled via a third party logistics provider and all delivery times stated on Old Mates Kitchen Website are estimates only. Old Mates Kitchen makes no representations, guarantees or warranties as to when an Order may be delivered. Old Mates Kitchen accepts no liability for any late delivery due to the actions of any third party.
Old Mates Kitchen retains legal title to the Goods until the latter of the dispatch of the Order or full payment is received by Old Mates Kitchen. Old Mates Kitchen only ships the Goods available on Old Mates Kitchen Website to valid addresses within Australia. Risk to the Goods passes to You upon Old Mates Kitchen dispatching the goods to a third party for delivery and Old Mates Kitchen shall not be held accountable for any loss or damage caused to the Goods during the course of delivery.
Old Mates Kitchen shall use reasonable endeavours to ensure that the third party who will deliver the Goods is aware of the contents being delivered so that reasonable precautions can be taken to ensure the Goods are not damaged. Old Mates Kitchen accepts no liability where You have supplied an incorrect shipping address. Old Mates Kitchen advises You to always check your shipping address prior to ordering.
Old Mates Kitchen accepts no liability for loss or damage to Goods where You are not present at the shipping address or have provided authority for Goods to be left unattended at the shipping address.
Except where permitted under the Competition and Consumer Act 2010(Cth), Old Mates Kitchen only offers returns and refunds for faulty, damaged or perished Goods. Old Mates Kitchen does not issue refunds for change of mind after your Order has been dispatched.
For any faulty or damaged Goods (including food which has perished) please contact Customer Service.
If You choose to cancel your Order please contact Customer Service. If your Order has been already dispatched then it unfortunately cannot be cancelled.

Limitation of Liability

To the maximum extent permitted by law, Old Mates Kitchen and its directors, employees, agents, suppliers and content providers make no representations or warranties of any kind with respect to this Website and its contents, including without limitation the products, security of the Website, accuracy of information or availability of services offered or sold on or through the Website. You use this site at your own risk.
Except as required under the Competition and Consumer Act 2010(Cth) (as amended from time to time) or any other relevant legislation, Old Mates Kitchen and its directors, employees, agents, suppliers and content providers make no warranties and/or representations in respect to the Goods, including but not limited to the quality, availability and/or purpose of the Goods, or any content or material provided by the manufacturer of the Goods. Old Mates Kitchen is not liable for any claims made by You for loss or damages in this respect.
To the full extent permitted by the Competition and Consumer Act 2010(Cth) (as amended from time to time) or any other relevant legislation, Old Mates Kitchen’s liability for any loss or damages sustained by You is limited to the sums paid by You for the Goods.
Old Mates Kitchen reserves its right to amend any typographical errors in the displayed prices for the Goods as offered through Old Mates Kitchen Website.

Intellectual Property

You agree and acknowledge that:

Old Mates Kitchen Website and its entire content and technology is the property of Old Mates Kitchen or its Related Entity (as defined in the Corporations Act 2001 (Cth));

You shall not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code, sell, assign, license, sublicense or otherwise deal with Old Mates Kitchen Website;
Old Mates Kitchen and Old Mates Kitchen Website name and logos are the property of Old Mates Kitchen or its Related Entity and must not be used by You without the prior written consent of Old Mates Kitchen or its Related Entity; and
all goodwill generated from the use of Old Mates Kitchen Website shall vest in Old Mates Kitchen or its Related Entity.

Jurisdiction

The Ecommerce Terms and Conditions are governed by the laws of New South Wales. Any claim or dispute between You and Old Mates Kitchen that arises in whole or in part from the Ecommerce Terms and Conditions shall be decided exclusively by a court of the competent jurisdiction in Sydney, New South Wales. The Ecommerce Terms and Conditions constitute the entire agreement between You and Old Mates Kitchen.

Return and Refund Policy

If you have any questions regarding the Return & Refund Policy please call us

At Old Mates Kitchen we take great care on selecting good quality, ethical goods for you & we want you to be thrilled with your purchase! If you need to return an item for any reason, we’re only too happy to help.

In light of the current Corona pandemic, from 16th March 2020, we will not accept change of mind purchases, to discourage over-purchasing. Please be mindful with your consumption and if you have items you no longer need, we encourage donations to community organizations or your community members.

Our Refund & Returns Policy is in line with the Australian Consumer Law. Old Mates Kitchen accepts product returns if there is a fault or defect and you can present your receipt as proof of purchase.

Old Mates Kitchen reserves the right to not offer a refund or exchange if the product fault is a result of misuse or neglect. If the item is faulty, we are happy to offer a refund or exchange where available. Please speak with one of our helpful team members in store.

Please return the item within 14 days, with proof of purchase. Any refunds will be at the purchased price or a store credit.

Return and Refund Policy:

We will gladly refund or credit goods returned within a reasonable time (generally 14 days from receipt) provided the goods are in a resell-able condition, in the original packaging and are not a special order item or a clearance item such as those close to or past best-by-date products. We do acknowledge that we may sell short dated or past Best before dates however you would have been made aware of this prior to purchase and shall not be refunded.
Perishable products that have not been correctly refrigerated at a temperature of less than 4 degrees Celsius or frozen products that have not been kept in a freezer at a temperature below -10 degrees Celsius are deemed not in a re-sellable condition.
“special order” items are goods that are not in stock at the time of an order, or products that we do not normally stock on an ongoing basis or specifically ordered to meet a order request.
Returns and exchanges can ONLY be authorised by us, so please confirm beforehand how and where to return items prior to returning them. Please don’t just return items as it disrupts the efficiency of our processes.
Right of refusal for the return or exchange of products is at the sole discretion of Old Mates Kitchen, except where the Trade Practices Act of Australia makes allowance.

Food Order Return/Refund

To provide the best customer satisfaction, we provide the following solutions. If you have any questions regarding the Return & Refund Policy please call our restaurant. Preparation of your order can begin immediately after your order has been confirmed. We cannot accept cancellations once your order has been confirmed with the restaurant.

Food Order Errors*

If you receive food that is different from your receipt, we sincerely apologize. Please call us as soon as you notice that there was an error in your order you may come to pick up the correct food item. For credit card payments, you will be refunded the sales price amount associated with the error and recharged for the new items price. For cash payments, you will be asked to pay the difference of the balance if the new food has a greater value than the food received in error. In the same way, you will receive the difference of the balance back as credit for the new item if less than the food received in error. In some cases, we may offer you a store credit. Your order will be priority if you come to pick it up. In all cases, please return the food order in the original container(s) to our host.

Food Order Incomplete*

In the rare occasion that you do not receive food that is on your receipt, we will make it up to you. Please call us as soon as you notice that any food items were not received in your order. You may cancel the missed food before we prepare it without any question, and we will refund the amount to a credit card, cash refund or we will refund you with a store credit.

Food Dissatisfaction*

We cook our food fresh to order with only the finest and freshest ingredients. We take great care and pride in all of the dishes we make. Please call us immediately if you receive unsatisfactory food caused by a dislike or objects in the food. We will need the food returned in the original container(s) so we may investigate and deal with the issue. We will prepare you a new food order. If you do not wish to receive a new dish, we may refund the amount to a credit card, cash refund or we will refund you with a store credit only after we receive the food in the original container(s) and have confirmed the error to the discretion of the manager on duty

Terms and Conditions

Return and Refund Policy

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