Terms and Conditions
- These terms and conditions (Terms) govern all receipt and or purchase of products, services and benefits (Products) from GOURMET SECRETS PTY LTD (ACN: 099 181 905) (shop.ducale.com.au, “we” or “us”) including from its website which is currently located at shop.ducale.com.au (the Website).
- These Terms are deemed to be incorporated into all contracts for the sale of Products by shop.ducale.com.au to you, and will prevail over any inconsistent terms in any document unless otherwise agreed by shop.ducale.com.au in writing.
- These Terms are taken to have been accepted if Products are ordered, accepted or paid for.
- shop.ducale.com.au agrees to sell and you agree to purchase the Products in accordance with these Terms.
- All orders for Products (Orders) shall constitute an offer and shall be subject to acceptance by shop.ducale.com.au.
- Orders will be confirmed by a confirmation notice emailed to you. If you have not received this confirmation notice then please contact us us via the “contact us” page on the shop.ducale.com.au Website as your Order may not have been correctly processed and the Products may not be delivered.
- Once accepted, Orders cannot be modified or cancelled without shop.ducale.com.au’s prior written consent.
- You warrant and agree that the information you provide on your Order form (including delivery address) is at all times accurate and up to date.
3. REGISTRATION AND MEMBERSHIP
- You may register at the Website to become a shop.ducale.com.au member (Member) to enjoy additional Member benefits, offers and discounts (Member Products).
- Member Products may only be obtained by customers who have validly completed the shop.ducale.com.au member registration process.
- Members warrant and agree that:
- by obtaining a Member Product you are a valid and current Member.
- shop.ducale.com.au, at its sole discretion, may place certain restrictions on the assignment and transfer of Products to non-shop.ducale.com.au Members.
- you will not have more than one active Member account and your account is non-transferable.
- you will keep your Member password and account details secure.
- you are solely responsible for all activities that occur on your Member account.
- the information that you provide on your Member account (including delivery address) is at all times accurate and up to date.
4. FEES AND CHARGES
- The sale prices for Products are stated on the shop.ducale.com.au Website and may change at any time up to payment for the Products in full.
- All prices are in Australian Dollars unless specified otherwise and are inclusive of GST (as that term is defined in A New Tax System (Products and Services Tax) Act 1999 (Cth)). A minimum order of $2 is required for any purchase not including the cost of the delivery.
- Prices are current at the time of display but subject to change.
- The costs of delivering Products are charged separately and in addition to the purchase price and calculated at the time of purchase.
- Payment for Products and delivery must be made in full by you at the time of placing an Order.
- shop.ducale.com.au may (in its absolute discretion) offer a price concession or discount on the price for any Products, subject to your full compliance with these Terms.
5. PRODUCT RESTRICTIONS
- From time to time there may be Products which are classified as “restricted products”. [Generally, these are Products which may not be supplied to persons under the age of 18. We will notify you of the conditions that apply to the purchase of these goods on the Website from time to time.
- By placing an Order, you warrant to shop.ducale.com.au that the restricted product is not being acquired for or on behalf of, and is not intended to be supplied to a person who is prohibited from acquiring a restricted product.
- At its sole discretion, the shop.ducale.com.au may make such further enquiries necessary to ensure that the supply of the restricted product will not contravene any applicable laws.
- shop.ducale.com.au may restrict the number of products that can be purchased by you.
6. CANCELLATION AND REFUNDS
- shop.ducale.com.au will use its best endeavours to fulfil any accepted Orders , it may, at its absolute discretion reject or cancel any Orders without any liability or claims against it, in circumstances which include but are not limited to the following:
- the requested Products are not available;
- there is an error in the price of the description of the Product; or
- the Order has been placed in breach of these terms and conditions.
- If you fail to comply with any of your obligations under these Terms or another agreement for the sale of Products, shop.ducale.com.au may immediately cancel any order (in whole or in part) by notice to you and resell the Products. In those circumstances - shop.ducale.com.au will be entitled to recover any of its costs and expenses from you.
- When you can cancel an order from the website via "my account" page the payment that you made with your order will be converted into credits which you can use anytime.
- You may only cancel an Order and receive a refund if you:
- notify us in writing us via the “contact us” page on the shop.ducale.com.au Website no less than 2 days prior to your scheduled delivery date; or
- shop.ducale.com.au otherwise agrees to do so in writing.
- If you cancel your order then shop.ducale.com.au may charge you a reasonable administration fee to cover any fees or costs (such as bank charges) arising from your cancellation. In those circumstances we reserve the right to deduct those fees from the amount paid by you for the Order.
- shop.ducale.com.au does not offer refunds where Member change their mind in relation to the purchase of the Product.
- We will only deliver the Products to:
- limited areas within Australia. To understand whether we deliver to your area, you can proceed to check-out, contact us via our website or email us at email@example.com; and
- the delivery address nominated by you at the time of placing an Order or the address nominated in a Member account (Delivery Address); and
- to the persons that you nominate in your Account to receive the Products.
- 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.
- We will assume that any person at the Delivery Address who receives the Products is authorised to do so.
- We reserve the right to request photo identification from the person accepting delivery of the Products and if it is not provided, to not deliver the Products and charge an additional Delivery fee to cover its costs.
- Delivery is deemed to have occurred when the Products arrive at the Delivery Address.
- All delivery dates and time periods for the supply of the Products are only an estimate and shop.ducale.com.au does not warrant that Products will be delivered on time. shop.ducale.com.au is not liable to you for any loss or damage (including consequential loss or damages) arising from late delivery.
- In some areas, shop.ducale.com.auengages third parties to deliver the Products. In those circumstances, there may be delays that are beyond our control. shop.ducale.com.au is not liable for the conduct of those third parties however, it will assist in resolving any issues arising from the actions or conduct of those third parties.
- Where youyou do not accept delivery of Products, shop.ducale.com.au may charge an additional Delivery fee to cover its costs.
8. PERISHABLE PRODUCTS
- If no one is home at the Delivery Address to receive refrigerated Products, then unless you have authorised us to leave those Products (Authorisation to Leave) then we will retain the goods and attempt to redeliver them. In those circumstances we may charge you an additional fee to redeliver those goods.
9. INSPECTION OF PRODUCTS AND MISSING PRODUCTS
- You must inspect the Products immediately on Delivery, and must within 2 Business Days after the date of supply the Products (Supply Date) give written notice to shop.ducale.com.au of any claim in the event that the Products are defective, supplied in error, or if there are any discrepancies in the quantity delivered (including providing particulars of the claim).
- If you fail to give written notice to shop.ducale.com.au pursuant to sub clause (a) above, then to the extent permitted by statute, the Products are deemed to have been accepted by you in accordance with the provisions of these Terms.
- If you notify us that a Product was not delivered and we are satisfied that it wasn't, we will either:
- credit that amount to the bank account nominated on your Account; or
- deliver the missing Product or an equivalent Product.
If you wish to return a Product that was provided to you under these terms and conditions, then you must:
- Inform us via the “contact us” page on the shop.ducale.com.au Website; and
- return the Product to the delivery driver at the time we deliver your next order;
- provide us with the invoice we issued to you for your order.
- upon confirmation from delivery driver that the good/s have been received we will refund your nominated account with the funds being available within 3-5 business days.
- Perishable Products cannot be returned under this clause.
11. LIMITATION OF LIABILITY AND INDEMNITY
- shop.ducale.com.au acknowledges that:
- under applicable State, Territory and Commonwealth law(s) (including, without limitation, the Competition and Consumer Act 2010 (Cth), certain statutory expressed and implied guarantees and warranties may be implied into these Terms (“Non-Excluded Guarantees”).
- nothing in these Terms purports to modify or exclude the Non-Excluded Guarantees.
- shop.ducale.com.au makes no warranties or other representations except as expressly set out in these Terms or in respect of the Non-Excluded Guarantees. shop.ducale.com.au’s liability in respect of these warranties is limited to the fullest extent permitted by law.
- Subject to this clause and so far as may be permitted by law, the liability of shop.ducale.com.au and its employees and/or agents or a failure (other than a major failure) to comply with a Non-Excluded Guarantee, shall be limited to, at shop.ducale.com.au’s option:
- the replacement of the Products or the supply of equivalent Products;
- the payment of the cost of replacing the Products or of acquiring equivalent Products by way of refunding the monies to the account nominated in your Account;
- the repair of the Products; or
- the payment of the cost of having the Products repaired.
- Subject to this clause 0 and so far as may be permitted by law, if a failure of shop.ducale.com.au to comply with the Non-Excluded Guarantees cannot be remedied or is a major failure, your right to recover damages is limited to the reasonably foreseeable loss or damage suffered as a result of that failure. However,shop.ducale.com.au is not liable for loss or damage that results from a failure of shop.ducale.com.au to comply with the Non-Excluded Guarantees if that failure was caused independent of human control and occurred after the Products left the control of shop.ducale.com.au.
- In circumstances where the Non-Excluded Guarantees do not apply, shop.ducale.com.au, its employees and/or agents shall not be liable for any loss or damage (including any consequential loss or damage, which includes, without limitation, loss of profits and loss of revenue) of any kind whatsoever, even if due to the negligence of shop.ducale.com.au, its employees and/or agents.
- Subject to this clause 0, you acknowledge that you do not rely on the skill or judgment of shop.ducale.com.au when deciding whether or not the Products are fit for any particular purpose.
12. RISK AND TITLE
- Risk and title in the Products shall pass to the Purchaser immediately upon delivery of the Products by shop.ducale.com.au(unless otherwise agreed by shop.ducale.com.au in writing).
- If you fails to comply with these Terms (including, without limitation, a failure to pay monies on the basis set out in these Terms):
- you must pay to shop.ducale.com.au all expenses, including (without limitation) legal expenses and all debt collection agency costs incurred byshop.ducale.com.au in enforcing its rights under these Terms;
- shop.ducale.com.au may state in any notice to you that, unless the default is remedied, all money owing under these Terms which is not yet due for payment is now due, and if the notice of shop.ducale.com.au is not complied with then that money becomes due; and
- shop.ducale.com.au may immediately terminate these Terms.
- If shop.ducale.com.au terminates these Terms in accordance with this clause 12 or as otherwise provided in these Terms,shop.ducale.com.aumay, without prejudice to any other rights or remedies available to shop.ducale.com.au, immediately cease delivering of the Products to you and sell or otherwise dispose of the Products and apply the proceeds of the sale to any overdue amount.
14. FORCE MAJEURE
- shop.ducale.com.au is not liable for any failure to comply with these Terms or any agreement for the sale of Products if the failure (directly or indirectly) arises by virtue of a Force Majeure Event. If such circumstances occur, the performance of shop.ducale.com.au’s obligations in accordance with these Terms will be suspended for so long as the Force Majeure Event continues or prevails.
- For the purpose of this clause 13, a “Force Majeure Event” is an event that is taken to be beyond shop.ducale.com.au's reasonable control, including (without limitation) strikes, lock-outs, accidents, war, fire, flood, explosion, shortage of power, breakdown of plant or machinery, shortage of raw materials from normal source of supply, act of God or any order or direction of any local, state or federal government, government authority or instrumentality.
- shop.ducale.com.au is not obliged to remedy such circumstances in respect of a Force Majeure Event.
- If a Force Majeure Event continues for more than 30 days, shop.ducale.com.au may terminate these Terms by giving 5 Business Days written notice to you.
- Nothing in this clause 13 releases you from any obligations to pay shop.ducale.com.au in accordance with these Terms, or otherwise comply with these Terms.
15. GOVERNING LAW
- These Terms shall be governed by and construed in accordance with the laws in force in Victoria and each of that jurisdiction.
- A right of shop.ducale.com.au may only be waived in writing, signed by shop.ducale.com.au.
- No other conduct of shop.ducale.com.au (including a failure to exercise, or delay in exercising, the right) operates as a waiver of the right or otherwise prevents the exercise of the right.
- A waiver of a right by shop.ducale.com.au on one or more occasions does not operate as a waiver of that right if it arises again.
- The exercise of a right by shop.ducale.com.au does not prevent any further exercise of that right or of any other right
- Any provision of these Terms which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make these Terms enforceable, unless this would materially change the intended effect of the Terms.
- shop.ducale.com.au is entitled to vary these Terms at any time by giving you 14 days prior written notice.
19. ENTIRE AGREEMENT
- These Terms constitute the entire agreement between shop.ducale.com.au and you and supersedes all prior representations, contracts, statements and understandings, whether verbal or in writing.