Foodcraft Terms and Conditions

Terms and Conditions

Welcome to www.foodcraftespressoandbakery.com.au website (each our "Website"). This page (together with the documents referred to on it) tells you the terms and conditions regarding your use of our website and our supply any of any meals (the "Meals") listed on our Website to you (together, the "Service"). Please read these terms and conditions carefully before using the Service, including but not limited to ordering any Meals from our Website. By accessing the Service, you agree to be bound by these terms and conditions and our terms of use policy.

If you have any questions relating to these terms and conditions, please contact clerchster@gmail.com before you place an order. If you do not accept these terms and conditions in full please do not use the Service.

1. INFORMATION ABOUT US

www.foodcraftespressoandbakery.com.au is a website operated by Foodcraft Espresso & Bakery Pty Ltd 31 609 838 413 ("we" or "us" or "Foodcraft"), whose registered office is at 33 Bridge St, Erskineville NSW 2043, Australia. Foodcraft is a cafe providing meals.

2. PURPOSE

The purpose of our Service is to provide a convenient way to order meals online for you to pickup at our store located at 33 Bridge St Erskineville NSW 2043 Australia, and takeaway.

3. SERVICE AVAILABILITY

Foodcraft offers online ordering for takeaway Meals only. We do not provide delivery of your Meal. Online ordering is available during the business hours listed on the Website.

4. ORDERS

When you place an Order through our Service, an email confirming your order (“Confirmation Email”) will be sent to you, along with an order number and an approximate pickup time (“Pickup Time”). Please ensure that you have given us a correct email address and phone number as this is how we will communicate with you about your Order. If you do not pickup your Order within 15 minutes after your Pickup Time, your Order will be deemed abandoned. Refunds for abandoned orders are at the sole discretion of Foodcraft.

5. MEALS

All Meals are subject to availability. We may offer you an alternative for any meal if we cannot provide your Meals. We may use nuts in the preparation of certain Meals. Please contact us prior to ordering if you have any allergy.

7. AVAILABILITY

We will do our best to have your Meals available for takeaway by the Pickup Time on your Confirmation Email.

8. CANCELLATION

You have the right to cancel an order within a reasonable time and before the order becomes a Started Order. We classify a bad order as any order which is cancelled after food has been used to start preparing the order (a "Started Order"). Customers can cancel an order by contacting us on (02) 8384 6657. Foodcraft may cancel any order and will tell you once we cancel an order. You will not be charged for any orders cancelled in accordance with this clause. Any payment made prior to an order being cancelled by Foodcraft will usually be reimbursed using the same method you used to pay for your order. Any order cancelled after it becomes a Started Order will be charged to you. Foodcraft alone will determine whether an order is a Started Order or not.

9. PRICE AND PAYMENT

The price of any Meals will be listed on our Website. Prices include GST. Prices are liable to change at any time, but changes will not affect orders in respect of which you have been presented with the Confirmation Email, save in the case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing issue. You may be able to cancel your order once we notify you. Payment for all Meals can be made by credit card through our Website. Once your order has been confirmed your credit card will have been authorised and the amount marked for payment.

10. OUR LIABILITY

To the maximum extent permitted by law, Foodcraft provides our Service and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free or that defects will be corrected. To the maximum extent permitted by law and subject as provided below, Foodcraft expressly disclaim all warranties and conditions with regard to any portion of our Service, including but not limited to all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement, and all responsibility for any loss, injury, claim, liability or damage of any kind, including resulting from, arising out of or any way related to:

any errors in or omissions from the Website, including but not limited to technical inaccuracies and typographical errors;
any third party contents therein directly or indirectly accessed through links in the Website, including but not limited to any errors or omissions;
the unavailability of the Service, or any portion; or
computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party content; or
our supply of Meals as a Service to you in accordance with this agreement.
To the maximum extent permitted by law, neither Foodcraft shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including, without limitation, negligence) or otherwise arising from your use of or your inability to use our Service. To the extent the foregoing limitation of liability is prohibited or despite the limitation above, in the event that Foodcraft is found to be liable to you, our total aggregate liability is limited to the purchase price of the Meals you have paid for in your order.

If any warranties are implied by law that cannot be excluded, then to the maximum extent permitted by law, our liability for breach of such warranties is limited to, at our option:

in the case of products:

the replacement of the products or the supply or equivalent products; or
the payment of the cost of replacing the products or acquiring equivalent products;

in the case of services:

the supply of the services again; or
the payment of the cost of having the services supplied again.

Important: this does not include or limit in any way Foodcraft's liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its liability, including under the Competition and Consumer Act 2010 (Cth), the statutory consumer guarantees under the Australian Consumer Law, or similar laws in the States and Territories of Australia.

11. EVENTS OUTSIDE OUR CONTROL

No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing in clause 11 shall excuse you from any payment obligations under this Agreement.

12. WAIVER

Neither you, nor Foodcraft shall be responsible to the others for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.

13. SEVERABILITY

If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.

14. ENTIRE AGREEMENT

These terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.

15. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

Foodcraft may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

16. LAW AND JURISDICTION

The New South Wales courts will have jurisdiction over any claim arising from, or related to, any use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the state of New South Wales.

Last updated August 2018.