TERMS & CONDITIONS
1.1. This shopping site at (https://www.cheeseplz.com.au) is a shopping website where you can browse, select and purchase products advertised on the site from Cheese Plz Pty Ltd (ABN 54641882537) (“Cheese Plz, Us, Our or We”).
Please read these Terms and Conditions before using the Site. You must be at least 18 years of age before purchasing any Products from this Site.
1.2. Your access to and use of the Site, including the ordering of Products through the Site, is subject to these Terms and Conditions. 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.
2.2. We may use approved contact information supplied by you to send you company information and newsletters from us.
PURCHASING CHEESE PLZ PRODUCTS
3.1. You may order Products by selecting and submitting your order through the Site in accordance with these Terms and Conditions. Any order placed through this Site for a Product is an offer by you to purchase the specified Product at the price notified to you (including the delivery and other charges and taxes) at the time you place the order.
3.2. When ordering Products, you agree to provide us with current, complete and accurate details when asked to do so by the Site.
3.3. Upon receipt of payment in full, via the means provided for below, we will issue an electronic order confirmation and arrange for the dispatch of the Product.
3.4. We reserve the right to accept, reject or change any order for any reason whatsoever, 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 we do reject an order placed through the Site, then we will endeavour to notify you of that rejection, either at the time that you place the order or within a reasonable time after you submit your order. However, we will not be liable for any loss or damage which you may suffer by reason of the rejection of any order and/or late notification to you of the rejection of any order and, in this regard, you are referred to paragraph 11 below, which deals with the question of our liability to you arising from your use of the Site and the ordering and delivery of Products by Us to You.
3.5. We reserve the right to replace or substitute any item or your purchased Product, and if we do, we will endeavour to replace your item with a similar item of equal or better value.
DELIVERY OF PRODUCTS
4.1. We will only deliver Product ordered through the Site to a location within the Delivery Areas. You may find a list of our Delivery Areas here.
4.2. Although we endeavour to deliver the Products within the timeframe provided at the time of the order, these timeframes are indicative only and may be subject to change due to traffic or other unforeseen circumstances. In such circumstances we will not be liable to you or any other person for any such delay. We will try and provide you with notice of the delay as soon as reasonably possible.
4.3. The Product will be delivered to the front door of your nominated address. You must make all necessary arrangements to ensure access is available so as to allow for that to occur.
4.4. If you are not at home when we deliver the product, and if the front door is not an appropriate place to leave the Product, then you must nominate in the “notes section” during the purchase process where, at the Delivery Address, the Product should be left. In the absence of any such nomination, the Product will be left at the front door, or another appropriate place of our choice.
4.4.a. We will endeavour to comply with your delivery instructions to the extent reasonably within our control, however there is no guarantee that we can comply with your instructions.
4.6. Refunds will not be issued if you leave an incorrect delivery address or unclear instructions
FRAUD AND RISK ASSESSMENT
5.1. We may, in our absolute discretion, contact you by telephone or email to confirm your payment and information details if we suspect, for any reason, that an order has been placed which does not comply with these Terms and Conditions.
RISK AND TITLE
6.1. Risk and Title in the Product passes to you on the date and time of delivery to the Delivery Address, including if left unattended at that address in accordance with your instructions.
CANCELLING AN ORDER
7.1. 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:
7.1.a. the requested Product in that order is not available; or
7.1.b. there is an error in the price or the Product description posted on the Site in relation to the Product in that order; or
7.1.c. that order has been placed in breach of these Terms and Conditions.
7.2. If we cancel an order in accordance with clause 7.1(a), 7.1(b) or 7.1(c) we will provide you with notice of that cancellation and we will not charge you for the cancelled order, or if payment has been previously been made, we will refund the full payment made by you when placing the order.
FEES AND CHARGES
8.1. We will charge you and you agree to pay the following fees and charges in relation to an order that we accept:
8.1.a. the purchase price of each Product that is ordered;
8.1.b. the Delivery Fee provided to you at the time when you placed your order; and
8.1.c. any other fees and charges set out in these Terms and Conditions.
8.2. All fees and charges identified in these Terms and Conditions and all prices for the Products include GST where applicable.
9.1. Payment for all Products must be by credit or debit card or any other payment method listed on the online checkout page of the Site.
9.2. Orders will be charged to your nominated payment method.
9.3. It is your responsibility to ensure your accepted payment method details are valid and up to date.
9.4. It is your responsibility to ensure that sufficient funds are available at the time of payment processing.
9.5. If we are unable to successfully process your payment for an order that has been accepted by us, then we may notify you of dishonour and cancel your order.
10.1. You warrant that:
10.1.a. all information and data provided by you to us through the Site, or otherwise, is true, accurate, complete and up-to date;
10.1.b. the person receiving the Products at the delivery address is authorised by you to do so; and
10.1.c. you have and will comply with all relevant laws relating to your use of the Site and your placement of any order with us.
11.1. You have 24 hours from the time of delivery of the Product to the nominated address to submit any claim in relation to any alleged deficiency or omission in the delivered Product. Once we are reasonably satisfied that the claim is justified, at or discretion we will either;
11.1.a. issue you a credit to the same value as your Purchase, or;
11.1.b. we will provide you with a refund using the same method of payment to you, as was used by you when the Product was ordered.
11.2. The Product is provided in accordance with all guarantees that cannot be excluded under the Australian Consumer Laws. Without excluding, restricting or modifying the rights and remedies to which you may be entitled under the Australian Consumer Law.
11.3. You acknowledge and agree that each Product is provided “as is” and that we do not make or give any warranty or representation as to the suitability of the Product for any purpose.
11.4. We exclude all other express or implied terms or warranties, whether statutory or otherwise, relating to the purchase by you of the Product.
11.5. We will not be liable to you for indirect and consequential loss arising from or connected to this agreement or your purchase of the Product whether 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, physical or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct. Any liability to you for loss not excluded by these Terms and Conditions is limited to the amount paid by you for the Product in respect of which the liability arises and, further, shall be reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether that liability arises in contract or tort (including negligence) under statute or otherwise.
INTELLECTUAL PROPERTY RIGHTS
12.1.a. acknowledge that 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 are owned by or licensed to us;
12.1.b. must not modify, copy, adapt, store, reproduce, upload, sell or distribute in any way, or communicate to the public any part of the materials without our prior written consent.
12.1.c. this Site contains registered trademarks and other trademarks which are protected by law. You must not use any of the marks or trademarks appearing on the Site or our names or the names of our related companies 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 any third parties without obtaining that third party’s consent.
CHANGES TO THESE TERMS AND CONDITIONS
13.1. 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 differ from time to time. We recommend that you read these terms carefully each time you agree to them during the ordering process. 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.
14.1. This agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that State. 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.
Delivery Areas means the geographic area bounded by the delivery routes used to provide Our Product to customers. Click here to see a list of our Delivery Areas.
Delivery Address means the address as specified by customers on the order form or during the purchase checkout process.
Delivery Fees means the cost of transporting or delivering the Product to You.
Product means the item offered for sale.