Smith St. Foods
Terms & Conditions
This page, together with the documents referred to on it, outlines the Terms and Conditions on which Smith St. Foods will supply the goods and/or services to you (the client) as listed on this website (smithstreetfoods.com.au) or as detailed by quote. These terms and conditions should be read carefully prior to placing each order as Smith St. Foods reserves the right to amend these Terms and Conditions at any time. Placing an order with Smith St. Foods represents acceptance of both the binding nature and content of these Terms and Conditions.
INFORMATION ABOUT US
Smith Street Foods Pty Ltd. (ACN 615 341 047) trading as Smith St. Foods operates the website www.smithstreetfoods.com.au.
INFORMATION ABOUT YOU
Smith St. Foods is committed to complying with the Privacy Act and the National Privacy principles.
Any personal information collected with be securely stored and protected by:
- Restricting access to personal information
- Maintaining technology products to prevent unauthorised computer access
- Securely destroying your personal information when it's no longer needed for our record retention purposes.
Smith St. Foods will not share your information with any other organisation or third party unless in exceptional circumstances such as when there are grounds to believe that the disclosure is necessary to prevent a threat to life or health, or for law enforcement purposes. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure.
Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is done so at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly held opinions. By agreeing to these Terms and Conditions, you irrevocably authorise us to quote from your Commentary on the Site and in any advertising or social media outlets that we may create or contribute to.
While Smith St. Foods have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on the Site, the information is provided in good faith and on an 'as is' and 'as available' basis and we do not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information.
The Products displayed on the www.smithstreetfoods.com website are not an exact sample and are indicative only and that the Products you receive may vary from those displayed according to seasonal availability.
To the extent permitted by law, we do not represent or warrant that the website will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system. You must take your own precautions to ensure that accessing the website does not expose your computer to viruses, malicious computer code or other forms of interference which may cause damage.
Smith St. Foods does not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use the Site or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on
information contained on or accessed through the Site.
To the extent permitted by law the total aggregate liability of Smith St. Foods in connection
with these Terms and Conditions is limited, at our option, to:
a) In the case of the supply of products:
-Replacement or resupply of the products; or
- The cost of replacing or resupplying the product
b) In the case of the supply of services:
- Supplying the relevant Services again; or
- The cost of supplying the relevant Services again, and
c) In any event, will not exceed the fees paid by you to us under the relevant Order.
To the extent permitted by law, under no circumstances will we be liable for any loss of profit, loss of revenue, loss of contract, loss of business opportunity, loss of reputation, loss of data or any indirect or consequential loss arising in connection with these terms and conditions or the services.
1. DINNERS FOR HOME
The conditions in this section relate to ‘Dinners for Home’ orders and includes all items ordered via our website for home delivery. The products on offer will change from time to time to accommodate seasonality and may include ready-made meals and/or items requiring a small amount of preparation or cooking after delivery.
1.1. CUSTOMER STATUS
By placing an online order with Smith St. Foods you warrant that:
- You are legally capable of entering into binding contracts
- You are at least 18 years old
- You are located in one of the nominated service areas and
- You are placing the order with the intention to use the goods/services for your own personal use and not for re-sale to a third party.
All orders for ‘Dinners at Home’ must be place online. All online orders must include:
- The date for delivery
- Quantity required
- All delivery information – including address within the current serviceable area or alternative delivery arrangements
- Any dietary requirements
All information contained in the order must be accurate and complete. The order will not be processed until payment has been made via the online portal.
1.3. ORDER CUT-OFF TIMES
The cut-off time for orders for ‘Dinners for Home’ is 6pm two days prior to delivery i.e. for Tuesday night deliveries, orders must be in by 6pm Sunday evening, for Thursday night deliveries orders must be in by 6pm Tuesday evening. Orders placed after the cut-off point will not be processed for delivery.
Smith St. Foods will endeavour to accommodate dietary requirements where possible and with advance notice. Notification of dietary requirements must be provided at the time of placing an order via the ‘other details’ section on the checkout page. If a dietary requirement is complex, call Smith St. Foods directly to discuss specifics. Customisation for other reasons will not be possible for ‘Dinners for Home’ menu items.
1.5. REJECTED ORDERS
Smith St. Foods reserves the right to reject an order for any reason including if:
- The requested product is not available or
- There is an error in the price or product description listed on the www.smithstreetfoods.com.au website or related documents. If Smith St. Foods rejects an order, a full refund of any moneys collected will be provided.
Payment for all orders must be made by credit card, debit card, or any other payment method as listed on the checkout page of the website. Smith St. Foods accepts Visa, MasterCard, American Express and PayPal. Orders will be charged to your nominated payment method and processed for
delivery only upon receipt of payment.
1.7. PAYMENT FAILURES
Payment failures (i.e. due to insufficient funds, incorrect or outdated payment information etc.) will be re-attempted prior to delivery dispatch. In the event, the payment re-attempt is unsuccessful, Smith St. Foods reserves the right to reject the order and terminate the delivery.
‘Dinners for Home’ will be delivered between 4pm and 7pm on the relevant evening. Smith St. Foods cannot commit to a smaller delivery window however attempts will me made to accommodate special requests.
1.9. DELIVERY POINTS
Smith St. Foods will deliver the goods to the front door of your nominated delivery address unless otherwise arranged. A person must be on site to accept the delivery unless alternative arrangements have been made (i.e. an alternative delivery address, or a cool safe location for the goods to be placed has been arranged).
If alternative delivery arrangements are required, the specific delivery instructions are to be provided to Smith St. Foods at least 1 hour prior to the delivery day/time.
1.10. DELIVERY FAILURES
If no one is on site at the time of delivery and no alternative arrangements have been made, the order will be returned to the Smith St. Foods kitchen in Gerringong. Orders unable to be delivered through no fault of Smith St. Foods can be re-delivered at an alternative time for an additional $8 fee.
2. SMITH ST. FOODS CATERING
The conditions in this section relate to catering provided by Smith St. Foods and includes both drop-off and fully serviced catering.
Drop-off catering includes buffet-style sharing items prepared offsite at the Smith St. Foods kitchen and delivered to a nominated address for enjoyment by a group, as part of a special occasion or event. Drop-off catering will usually involve a small amount of preparation by the client following delivery such as re-heating or carving and serving. Fully serviced catering events are usually more formal occasions requiring the presence of onsite chefs and/or wait staff. Dishes are prepared partially offsite at the Smith St. Kitchen and finished for serving onsite at the event venue; and including, but not limited to, banqueting, sharing and canapé style menu options.
2.1. CATERING SERVICE AVAILABILITY
Smith St. Foods offers catering services to the following areas:
Catering services to other locations maybe arranged by negotiation and may incur a travel charge.
*Note: Not all items can be transported.
Catering enquiries can be made over the phone or via email. Quotes are valid for 30 days from the date of issue.
2.3. BOOKING CONFIRMATION
Smith St. Foods do not require a minimum number of guests however, minimum spends, holding deposits and cancellation fees are imposed; and vary according to size of the event (refer to Table 1: Minimum Spends, Deposits & Cancellations).
A signed booking agreement with details of a valid credit card is required to secure all bookings, Smith St. Foods reserves the right collect credit card details to hold payment against the order until final payment has been received.
Table 1: Minimum Spends, Deposits & Cancellations
2.4. MINIMUM SPENDS
Minimum spends are inclusive food costs only and apply to each 24 hour period. These minimum spends form part of the binding agreement of these Terms and Conditions upon booking an event with Smith St. Foods.
2.5. HOLDING DEPOSITS
Deposits are non refundable in the event of cancellation within 14 days of the booked date.
Applicable cancellation fees vary according to the amount of time between the date of cancellation and the date of the event and will be charged to the credit card registered during the booking confirmation process.
2.7. CUSTOMISATION/CONFIRMATION & FINAL PAYMENTS
With advance notice, Smith St. Foods will make all reasonable attempts to accommodate your preferences and any dietary requirements. To ensure adequate time for ordering and preparations, Smith St. Foods will contact you leading up to your event to confirm menu preferences, dietary requirements and group numbers (refer to Table 2 for Confirmation Timeframes).
Final payment is due 7 days prior to your event.
Table 2: Confirmation Timeframes
Smith St. Foods will try to cater for any changes to group size, dietary requirements or menu preferences, after the confirmation date and final payment however, reductions in group size will not be eligible for refund and increases in group numbers may incur a charge at the same rate per head as the other guests.
2.8. ONSITE STAFF
Smith St. Foods staff required to be onsite for an event will be charged out at for a minimum of 4 hours at the following rates:
- Senior Chef - $45 p/h weekdays, $50 p/h weekends
- Senior Wait staff - $38 p/h weekdays, $42 p/h weekends
2.9. SMITH ST. FOOD SERVINGWARE
Smith St. Foods are able to supply platters, serving ware, trays and disposable dinnerware (serviettes, cutlery, plates/bowls etc.).
- Disposable dinnerware is charged at a flat rate of $2 p.p.
- Servingware provided for use at events will be offered free of charge and will be left onsite for the duration of the event. Smith St. Foods will make arrangements for the return of servingware no later than by noon of the day following the event. Any items that are damaged during the event or that are not returned will be charged to the credit card registered during the booking confirmation process at the price paid for the relevant item.
2.10. HIRE EQUIPMENT
Smith St. Food is able to assist with information relating to hire equipment however responsibility for hire, damages and returns remains with you.
Smith St. Foods will cut and portion cakes free of charge.
3. RISK & OWNERSHIP
Product risk will be transferred to you:
- Upon delivery of the goods to your nominated delivery address (for ‘Dinners for Home’ or Drop-off catering) or
- At the conclusion of the event (for fully serviced catering). Smith St. Foods accepts no liability or responsibility for any product once the product has been delivered to you. Ownership of the products will only be transferred after full payment is received by Smith St. Foods.
Our products come with guarantees that cannot be excluded under the Australian Consumer Law.
Refunds can be requested from firstname.lastname@example.org. Requests for refunds will be considered on a case-by- case basis and by reasonable discretion of Smith St. Foods.
Where the refund request pertains to a product that is considered defective or that fails to comply with Statutory Guarantees provided pursuant to the Australian Consumer Law, the product must be returned to Smith St. Foods where it will be investigated for refund. Other refund requests will be handled via information exchange between the client and Smith St. Foods.
Notification of the outcome of a refund request will be provided via email within 14 working days of Smith St. Foods receiving the request or where it relates to defective goods, within 14 working days of receiving of the returned products. Approved refunds will be processed within 14 working days of the date Smith St. Foods sent notification of the outcome of the refund request. Refunds will be made to the same payment method used when the original order was placed and will not be given in the case of incorrect ordering or inaccurate delivery addresses.