Overview
This page informs you of the Terms and Conditions on which we supply any of the products or services listed on our website, www.souvaman.com.au (our site), to you. Please read these Terms and Conditions carefully before ordering any products or services from our site. You should understand that by ordering any of our products or services, you agree to be bound by these Terms and Conditions.
‘Souvaman’ refers to the Business with our registered office at Grange Drive, Lysterfield Victoria 3156, Australia.
Our ABN number is 23 586 028 783. ‘The Client’ refers to the customer booking or ordering any product or service with Souvaman. ‘We, ours, us, etc.’ means Souvaman. ‘You, yours, etc.’ means The Client.
1 - Price & Payment
1.1 The price of any Products will be as quoted on our website, except in cases of obvious error. 1.2 These prices include GST but may exclude delivery costs, which will be added to the total amount due as set out in our “Delivery Policy” section. 1.3 Prices are liable to change at any time, but changes will not affect orders which we have already taken. 1.4 We are under no obligation to provide the product to you at the incorrect (lower) price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing. 1.5 Payment for all products and services must be by credit or debit card through our payment gateway. We accept payment with Visa and Mastercard Credit and Debit only. We take payment from your card at the time we receive your order once we have checked your card details. 1.6 Products are subject to availability. If we are unable to supply any product, we will inform you as soon as possible. A full refund will be given where you have already paid for the product.
2 - Service Availability
Our site is intended for use by people worldwide, however, delivery can only be made in the following states throughout Australia: Victoria (VIC). At this stage, we do not accept orders from individuals outside these states or countries.
3 - Your Status
By placing an order through our site, you warrant that:
3.1 You are legally capable of entering into binding and purchasing contracts.
4 - How the Contract is Formed Between You and Us
4.1 Your order constitutes an offer to us to buy a product or service. All orders are subject to acceptance by us in accordance with these Terms and Conditions. After placing an order, you will receive an e-mail from us acknowledging that we have received your order (Order Acknowledgement). Please note that this does not mean that your order has been accepted. Acceptance of your order will take place and the sale contract between us (Contract) will be formed when we dispatch the ordered products to you unless we have notified you that we do not accept your order or you have cancelled it. 4.2 The Contract will relate only to those products which we dispatch. We will not be obliged to supply any other products which may have been part of your order unless and until we dispatch such products.
5 - Quality Control
5.1 Our staff and suppliers prepare all food in accordance with the Food Standards set by Food Standards Australia. 5.2 Souvaman does not part cater any event, including the serving of cakes, desserts, BYO food of any nature without prior consent. This practice contravenes our Food Safety program. 5.3 Images on our website and marketing material are styled for presentation purposes and may not be indicative of the presentation of particular items ordered by the Client. 5.4 Menus are subject to change according to seasonal and supplier availability. We do endeavour to alert clients to any changes, however, this is not always possible and in some instances, some products may be substituted for similar quality ingredients.
6 - Ordering Cut Off Times
6.1 All orders must be received by 2pm on the day of delivery. 6.2 We may decide and reserve the right to stop taking orders prior to the 2pm cut off time due to high demand.
7 - Delivery
7.1 Delivery for food items is available on Thursday and Saturday between 5:30pm and 7:30pm. 7.2 A delivery fee applies based on location and proximity to the Souvaman kitchen. Delivery fees to locations further than 30 kilometres from the Souvaman kitchen are discretionary. 7.3 We make every effort to deliver goods within the estimated timescales, however, delays may occasionally occur due to unforeseen circumstances and we shall not be liable for any delay or failure to deliver within such timescales.
8 - Refund Policy
8.1 Souvaman is committed to 100% customer satisfaction. We strive to prepare and package our items to preserve the high quality of the food, but please note, the temperature and consistency of some food items may vary after being packaged. 8.2 Refunds on orders are applicable if; you receive food that is different from your receipt (Food Order Error); you do not receive food that you order (Food Order Incomplete); the food is unsatisfactory caused by a dislike or objects in the food (Food Dissatisfaction).
8.3 We will prepare you a new food order. 8.4 If you do not want to get a new dish, we refund the amount to a credit card or refund you with a store credit only after we get the food in the original container and after confirmed the error to the discretion of management.
9 - Copyright
The contents of this website are copyright. You may access and/or display these pages on a computer or monitor as well as print out and copy for your personal use any whole page or pages in this website. All other use, copying or reproduction of any part of this website is prohibited except as permitted under the Copyright Act 1968. Without limiting the foregoing, no part of this website may be reproduced on any other Internet site.
10 - Our Liability
10.1 We warrant to you that any product purchased from us through our site is of satisfactory quality. 10.2 Our liability in connection with any product purchased through our site is strictly limited to the purchase price of that product. 10.3 This does not include or limit in any way our liability: 10.3.1 for death or personal injury caused by our negligence; 10.3.2 for fraud or fraudulent misrepresentation; or 10.3.3 for any matter for which it would be illegal for us to exclude, or attempt to exclude our liability. 10.4 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence) or breach of contract.
11 - Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
This condition does not affect your statutory rights.
12 - Notices
All notices given by you to us must be given to management via www.souvaman.com.au. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13 - Transfer of Rights and Obligations
13.1 The contract between you and us is binding on you and us and on our respective successors and assigns. 13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14 - Events Outside our Control
14.1 We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). 14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following: 14.2.1 Strikes, lockouts or other industrial action. 14.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. 14.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. 14.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. 14.2.5 Impossibility of the use of public or private telecommunications networks. 14.2.6 The acts, decrees, legislation, regulations or restrictions of any government. 14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
15 - Waiver
15.1 If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. 15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default. 15.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
16 - Severability
If any of these Terms and Conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17 - Entire Agreement
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18 - Our Right to Vary These Terms and Conditions
18.1 We have the right to revise and amend these Terms and Conditions at any time. 18.2 You should review these Terms and Conditions each time you access our website. 18.3 By continuing to use and access our website you agree to be bound by the amended Terms and Conditions.
19 - Law and Jurisdiction
Contracts for the purchase of products through our site will be governed by Australian law. Any dispute arising from, or related to, such contracts shall be subject to the non-exclusive jurisdiction of the courts of Australia.