Zero Bites Pty Ltd Terms & Conditions

1. GENERAL

The following terms and conditions relate to the use of the Zero Bites Pty Ltd website (www.zerobites.com.au) (“Website”), together with the purchase of any associated products (“Terms of Use”). These Terms of Use constitute an agreement between Zero Bites Pty Ltd ABN 94 608 982 817 (“Zero Bites”) (“us”, “we”, “our”), the owner and operator of the Website, and you (“you”, “your” or “user(s)”), a user of the Website and/or purchaser of any products featured on our Website (“Products”).

By accessing, browsing or using this Website, or purchasing any Products, you agree to these Terms of Use. We may amend these Terms of Use from time to time. Any amendment is effective immediately.

2. ORDERS

Orders are made online at www.zerobites.com.au via the secure payment page. Payment can be made by credit card using our secure online payment facility. Delivery to online customers is available Australia-wide. For delivery information see our delivery info page.

Wholesale orders can be made by email at hello@zerobites.com.au.

3. PRICING AND TRANSACTIONS

All prices quoted, unless otherwise stated, are inclusive of GST. All prices, unless otherwise stated, are quoted in Australian dollars (AUD). Product prices do not include delivery fees.

In the event a customer is entitled to a refund; the refund will be made to the original credit card used for Product purchase.

4. DELIVERY

Delivery fees are quoted prior to checkout. In the event of failed delivery despite your instructions, you agree to bear the cost of any redelivery of the Products or charges associated with any such redelivery. If we have delivered in accordance with your instructions but you are not there to receive the delivery, you agree that we may leave the delivered Products unattended at your nominated delivery address, unless you have expressly directed us otherwise at time of ordering.

Delivery fees for wholesale orders can be provided by email at hello@zerobites.com.au Delivery terms for wholesale orders are further provided at item 7 below.

Risk in the goods passes to you upon delivery.

5. YOUR OBLIGATIONS

  • Contact Details

You must supply us with a valid contact email and phone number. We accept no liability arising out of failure to contact a customer, where the contact details were not supplied, were invalid or incorrect.

  • Delivery Address

It is your obligation to ensure the recipient’s delivery address is correct. Failure to provide the correct delivery details may result in incorrectly delivered Products, undelivered Products and additional redirect fees.

We accept no liability for incorrectly delivered or undelivered Products, where you have made no reasonable attempt to correct the address within a reasonable period of time and/or we acted reasonably when delivering the Products.

  • Recipient Details and Personalised Messages

You must ensure recipient details, such as their name and address are correct and spelt correctly. We rely on the information you provide and accept no responsibility for any incorrect information.

For orders requiring gift cards, any personalised message must be written to your satisfaction at checkout, in the 'delivery details' section. We rely on you provide the correct spelling and grammar for your message and accept no responsibility if you the wording you provide is incorrect.

6. ALTERATIONS AND AMENDMENTS TO ORDERS

Any requests to cancel an order should be submitted by email to hello@zerobites.com.au. We are unable to provide any alterations or amendments (including cancellations) for orders that are in the process of being prepared, already prepared and/or in transit.

Where an order is cancelled by you, we reserve the right to offer you a credit. Where an order is altered or amended by you, no cash or credit refunds will be made for alterations or amendments that result in a value less than the original order cost.

We reserve the right to refuse alterations and amendments.

During special events, including but not limited to, Valentine’s Day, Mother’s Day and Christmas, all orders are final and Zero Bites reserves the right to not accept any alterations, amendments or cancellations of already placed orders.

7. TERMS RELATING TO WHOLESALE CUSTOMERS

7.1 Upon placing your order we will quote you price for the Products ordered and cost of delivery, together with GST (“Charges”). Zero Bites reserves the right to accept or reject your order in whole or part.

7.2 Payment

a) You must pay the Charges by credit card on upon ordering unless otherwise agreed in writing by us.

b) If we agree to accept payment following issue of invoice, you must pay the Charges by the invoice due date. In the event of late payment, we may charge interest on any overdue amount at prevailing bank overdraft rate calculated daily from the invoice due date.

c) You may not withhold payment of any monies owing pursuant to an invoice.

d) You will be liable for any costs incurred by us in retrieving outstanding payments.

e) You must pay any applicable Goods and Services Tax.

f) In the event you have previously provided us with credit card details, you agree that we may charge any Charges more than 7 days’ past invoice due date to that credit card.

g) Orders over $500 must be paid in full at time of order. Products will be released following receipt of payment for Charges in full.

7.3 Delivery to Wholesale Customers

a) Delivery takes place on the date and time the Products are left by us or our delivery agent at the address nominated by you as the delivery address. If the delivery address nominated by you is unattended, you give us (and our delivery agent) your authority to leave the Products unattended.

b) We or our delivery agent will attempt to deliver the Products within estimates given but cannot guarantee an exact delivery time or that delivery will be strictly in accordance with our estimates.

c) We are not liable for any delays in delivery that fall outside our control, or that of our employees, agents or assigns.

d) In the event we are required to re-deliver the Products for any reason, you agree to pay any costs associated with that re-delivery.

e) In the event delays occur and you are unsatisfied with the timing of delivery, you must notify us at hello@zerobites.com.au and return the Products to us immediately. Upon taking possession of the Products you are deemed to accept them upon delivery.

7.4 Property and Risk

a) You accept the risk of loss, damage or deterioration of all Products from the time of delivery.

b) We reserve the following rights, and you agree to grant us these rights, in addition to any other rights or remedies to which we are entitled, until you make payment of the Charges and any interest owing pursuant to clause 7.2:

i. title to the Products;

ii. the right to enter your premises (or the premises of your agent where the Products are held) without liability for trespass or any resulting damage and retake possession of the Products; and

iii. the right to keep or resell Products repossessed under clause 7.4 b) iii.

c) If You fail to pay the Charges by the invoice due date, we may in our absolute discretion withhold supply and delivery of any further Products, together with any other rights or remedies to which we are entitled.

7.5 Use-By Date and Storage

a) You agree:

i. Not to sell Products beyond their ‘use-by’ or ‘best-by’ date.

ii. To store Products according to Zero Bites’ storage and handling instructions.

b) You agree to indemnify us and our officers, employees, agents, contractors and consultants from and against all actions, claims, proceedings or demands (including those brought by third parties) which may be brought against it or them, whether on their own or jointly with you in respect of any loss, death, injury, illness, damages, costs or expenses (but excluding consequential financial loss) where caused by any failure by you to comply with clause 7.5 a)

c) We reserve the right and absolute discretion to withhold supply and delivery of any further Products should you not comply with clause 7.5 a)

8. COMPLAINT POLICIES

Complaint Policy

In the unlikely event that there are damaged Products in a delivery, please notify us immediately via email hello@zerobites.com.au. Zero Bites uses reputable third party contract couriers. Whilst every care is taken to ensure accurate and safe delivery, we cannot guarantee unforeseen circumstances, such as damage or delay that results in a parcel not arriving at a certain time or place. We will work with you to assist in resolving any issues that may be a result of a third-party failure.

In the event of damaged Products, we reserve the right to request a photo of the damaged Products and/or a return of the damaged Products to a reply-paid address.

9. GIFT VOUCHERS

Gift vouchers are redeemable by the bearer for Zero Bites Products to the value stated on the front of the voucher.

Gift vouchers may not be used after the expiry date as stated on the certificate and is not exchangeable, refundable, replaceable or redeemable for cash, payment of accounts or other gift vouchers or discounts.

A minimum purchase value of $50.00 as stated on the gift voucher is applicable. The minimum purchase value is exclusive of delivery fees.

Gift vouchers are valid for deliveries made within Australia only.

Gift vouchers cannot be used in conjunction with any other promotion or discount.

Limit of one voucher per order applies.

Zero Bites is not responsible or liable for vouchers that are lost or stolen.

Gift vouchers may only be redeemed on the Website.

Partial deductions in the value of a gift voucher are allowed and a record of the remaining value will be kept by Zero Bites. There are no re-issues of the deducted gift certificate value.

Zero Bites will not redeem a voucher if our records indicate that it has already been redeemed or has not been issued.

The value of your gift voucher cannot be applied after your transaction has already been processed and completed. If forgotten, the voucher must be saved and used towards your next purchase.

Gift voucher orders placed outside of business hours will be posted on the next business day.

10. SECURITY AND PRIVACY

  • Collection and Use of Information

Zero Bites collects personal data for the purpose of fulfilling orders for products or services, or for the purpose of competitions and prize-giving, or for any other such purpose which requires the collection of personal data in order for Zero Bites to fulfil an obligation.

Personal data includes, but is not limited to: the full name of you and/or recipient, payment details, e-mail address, recipient address and contact (mobile) phone numbers.

Zero Bites does not keep records of customer credit card details.

For customer security, your IP address has been logged and will be recorded with your purchase details

  • Disclosure of Information

Zero Bites may disclose personal data necessary to third party service providers for the purpose of fulfilling customer orders and any other legal obligations.

Zero Bites will not disclose personal information to third parties for marketing purposes without prior authorisation.

Under no circumstances will Zero Bites sell or receive payments or services for disclosing customer's personal information to any partner or external company.

  • Sender Anonymity and Disclosure

Customers have the right to remain anonymous except in circumstances where personal information is required to complete an electronic transaction.

Zero Bites will not disclose sender/customer information to a recipient unless requested or approved to do so by the sender/customer.

  • Information Storage

Our Website utilises cookies to store information of browsing history and to enable browsing features. We do not store any personal or financial information about customer-used cookies.

  • Promotional Material

Customers can elect to receive promotional material and opting to receive plain text or HTML emails.

In compliance with Australian law, all marketing material sent to the subscriber will include an option for the subscriber to request removal from mailing or contact lists for any future marketing

11. FRAUD

Any party engaged in illegal activities involving the Websites will be subject to civil and criminal sanctions and prosecution.

Zero Bites does not guarantee that it will be able to prevent any illegal or inappropriate use of its Website, nor that it will give notice of any illegal or inappropriate use of its Websites.

It is illegal to place orders under a false name, with a fraudulently obtained credit card or without the consent of the cardholder. Persons found to have placed a fraudulent order will be prosecuted.

12. GOVERNING LAW

The use of the Website and these Terms of Use are governed by and construed in accordance with the laws of Victoria, Australia. Any legal action arising out of its use shall be brought and enforced under the applicable Australian law.

By using this Website and/or purchasing any Products, you agree to submit to non-exclusive jurisdiction of the courts of the State of Victoria.

13. THIRD PARTY SITES

The Website may provide links to related third party sites. Zero Bites is not responsible for the privacy practices or the content of such websites and does not warrant the security of any information supplied to third party sites.

14. TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

All material on the Website, including but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by Zero Bites its related companies or by other parties that have licensed their material to Zero Bites.

Material on any website owned, operated, licensed or controlled by Zero Bites is solely for your personal, non-commercial use. Such material may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Zero Bites.

Use of the materials on any other website or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of Zero Bites copyrights, trademarks and proprietary rights and is prohibited.

15. FORCE MAJEURE

Zero Bites is not liable for failure to perform obligations, including but not limited to, the fulfilment of an order or a delivery, if such failure occurs as a result of acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster) war, hostilities, civil war, rebellion, revolution, insurrection, military or usurped power, terrorist activities, government sanction, blockage, embargo, labour dispute, strike, theft, lockout or interruption or failure of electricity or telephone service or any other event or phenomenon beyond Zero Bites’ control.

16. LIMITATION OF LIABILITY

Other than to the extent prohibited under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”), we do not assume any responsibility or liability for any loss or damage suffered by you, whether directly or indirectly as a result of your use of our Website or purchase or consumption of any of our Products. In no event will we, or any of our respective officers, directors, employees, agents, affiliates or assigns, nor any party involved in the creation, production or transmission of our Website or sale of our Products be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of our Website or purchase or consumption of our Products, or any websites linked to our Website (including the materials, information or services contained on such sites) whether in contract or tort or regardless of being advised of the possibility of such damages.

In the event of any problem with our Website or any content, you agree that your sole remedy is to cease using our Website.

In the event of any defect with Products that you have purchased on or through our Website, your remedies will be as prescribed by Australian Consumer Law, and our liability will be limited to replacement of the Product in question, or refund to the value of that Product, or as otherwise prescribed by Australian Consumer Law. If the Products are goods not ordinarily acquired personal, domestic or household use or consumption for the purposes of Australian Consumer Law, our liability shall be limited to the re-supply of the Products or refund of the cost of supplying the Products.

17. INDEMNITY

You agree to indemnify us and our officers, employees, agents, contractors and consultants from and against all actions, claims, proceedings or demands (including those brought by third parties) which may be brought against it or them, whether on their own or jointly with you in respect of any loss, death, injury, illness, damages, costs or expenses (but excluding consequential financial loss) where caused by any unlawful or negligent act or omission by you, your officers, employees, agents, contractors or consultants arising under these Terms of Use or from any other loss which may arise from or as a result of any breach of these Terms of Use or use of our Website or purchase of Products by you or your officers, employees, agents, contractors or consultants.

18. LEGAL NOTICE AMENDMENTS

Zero Bites reserves the right to make any changes and corrections to these Terms of Use. Please refer to this page from time to time to review these Terms of Use and new additional information.