SUMMARY OF TERMS & CONDITIONS
Wicked Foods Pty Limited
ABN: 20 516 400 306
1. Scope of terms & conditions
1.1. Within this document of terms and conditions any context where "The Company" is mentioned refers to Wicked Foods Pty Ltd.
1.2. Within this document of terms and conditions any context where "The Customer" or "Customer" is mentioned refers to registered users, account holders and businesses or charities registered with Wicked Foods for the purpose of using Wicked Foods services.
2. Customer's obligation to pay
2.1. By Registering with Wicked Foods, The Customer agrees that they also register their place of employment. As such their place of employment be it a business or charity will be responsible for payment of any orders placed with Wicked Foods.
2.1.1. Exceptions occur where The Customer is registering as a private user, in which case all personal orders or private sales from Wicked Foods to an individual require upfront payment by means of credit card. Services will not be provided until funds have cleared our account.
2.2. The Customer undertakes to pay to the Company all amounts in the Statement of Account within 7 days of the date of issue of the Statement of Account. Statements are emailed to your chosen billing address the first week of each month.
2.3. "Late Payments", payments not received within 30 days from the date on invoice will incur a 2% monthly account keeping and administration fee.
2.4. Even if your company is approved for accounts payments if payment is not made within 60 days Wicked Foods reserves the right to charge the credit card you have provided for previous payments along with any late payment charges.
2.5. Wicked Rewards Points are only redeemable after an order has been fully paid. In addition if any outstanding invoices are outside credit terms no redemption will be permitted until these invoices are paid in full.
3. Accepted payment methods
3.1. Customer payments shall be effected by way of cheque; electronic funds transfer or our secure online credit card merchant facility.
3.2. The Customer's business account will be credited from the date a payment is received by the Company, other than in the instance when a cheque is used as the method of payment.
3.3. Where the Customer pays by cheque the Customer's business account will be credited by the amount of a cheque payment when the cheque is cleared.
3.4. Wicked Foods accepts all major credit cards (Amex, Mastercard or Visa)
4. Customer business account liability
4.1. The Customer acknowledges that it shall be solely responsible for and bear all risk associated with the Customer's business account including implementing and maintaining a system of password protection. Should any misuse or unauthorised use of the Customer's business account occur the Customer agrees to indemnify the Company against any loss, expense or claim thereby arising.
5. Limitation of liability and disclaimer
5.1. To the extent permitted by law, the Company will have no responsibility or liability for:
5.1.2. Any deficiency or defect in the product purchased by the Customer using the Customer's business account including any deficiency in the product's fitness for purpose or merchantability;
5.1.3. Any claims or damages including but not limited to claims relating to the use or misuse of the Customer's business account or the direct debiting of the Customer's bank account.
6. Risk in product
6.1. Products purchased by the Customer from the Supplier will be at the Customer's risk upon delivery to the Customer or such place as specified by the Customer or into the Customer's custody (whichever occurs first).
7. Customer information and credit checks
7.1. The Customer hereby agrees that the Company may seek such consumer information (section 18k(1)(b) and (h), Privacy Act 1988) and trade references (section 18N(1)(b) Privacy Act 1988) as the Company considers either relevant or necessary for the purpose of assessing the Customer's business account application.
7.2. The Customer agrees to the Company obtaining from an account-reporting agency an account report containing accounts information about the Customer.
7.3. The Customer further agrees that the Company may give to and seek from any account providers named in this business account application information about the Customer's account arrangements. The Customer understands that this information may include any information about its account worthiness, account standing, account history or account capacity that account providers are allowed to give to or receive from each other under the Privacy Act.
8. Change in circumstances
8.1. The Customer undertakes to notify the Company promptly of any change in the Customer's name, address, email, fax or telephone number or any significant change or deterioration in the Customer's financial position (including, but not limited to, any significant increase in the Customer's overall indebtedness) and of the occurrence of any default event as described in clause 5.
9. Order terms
9.1. Confirmation of your booking:
An email of your order represents a confirmation of your order, unless the email states that it is a quote. The order will be delivered and prepared as per the details on your email. IMPORTANT: It is your responsibility to review the details of your order and notify Wicked Foods of any omissions or corrections. Your invoice will reflect the items and prices outlined within this confirmation. Wicked Foods will endeavour to deliver as close to your order delivery time as possible.
9.2. Cancellation, Reduction of Postponement of Orders
All cancellations must be made via email to email@example.com - preferably as a reply to your Wicked Foods confirmation email. Wicked Foods will confirm your cancellation by return email. If you have not received a confirmation of cancellation within 1 hour (during business hours) please assume we have not received your cancellation and follow up with a phone call.
The time of receipt of your cancellation will be recorded as the time the cancellation email reaches firstname.lastname@example.org inbox.
Cancellation charges will apply as per the schedule below:
9.2.1 Orders cancelled, reduced or postponed before 3pm on the day prior will not be charged except when labour hire has been booked through a third party – in which case the labour hire will be charged, or if specific food or equipment items have been ordered that Wicked Foods is not able to cancel. In this case items will be charged at cost price.
9.2.2 Orders cancelled, reduced or postponed after 3pm the day before the scheduled delivery will incur a 50% charge of the total invoice cost, or the cost price of items which cannot be cancelled (whichever is the greater).
9.2.3 Orders cannot be cancelled, reduced or postponed on the day of delivery (after midnight). The total invoice cost will still be charged to your company. Wicked Foods will either deliver the food to your nominated address for delivery or alternatively Wicked will deliver the food to a charity of your choice – we suggest our partner charity OzHarvest. Please indicate your choice in your cancellation email.
9.2.3. No changes (increases, decreases, product switching or postponement) are possible within 90 minutes of your scheduled delivery.
9.2.4. Any orders paid by credit card and subsequently cancelled or reduced will be charged for the credit card transaction fees.
9.3. Pricing Information
Please note all menu prices exclude GST. The 10% Goods & Services Tax is added to those items that incur GST at time of purchase. We reserve the right to alter prices without notice.
9.5. Alcohol Orders
All alcohol orders will be invoiced directly by the alcohol merchant.
9.6 Adjustments to your orders post delivery:
In the event your order was missing any items please notify Wicked Foods by email within 2 hours of the delivery and we will adjust your invoice.
10.1. The terms and conditions contained herein constitute the entire agreement between the parties and no amendment or variation shall be of any force and effect unless in writing and signed by both the Company and the Customer.
10.2. The Customer acknowledges that no representations have been made by the Company or on its behalf, which have induced the Customer to enter into this agreement.
10.3. The Customer acknowledges that it may not assign any of it's rights or interests arising under or pursuant to this agreement to a third party other than with the prior written consent of the Company.
10.4. The Customer acknowledges that the amount shown on the customer order confirmation/invoice provided to the Customer at the time of purchase is sufficient evidence of the purchase.
10.5. The Customer acknowledges that the Company may terminate this Agreement, close the Customer's business account, and require immediate payment in full of the outstanding balance on the Customer's business account where:
10.6. The Customer fails to pay the amount specified in the Statement of Account by the due date for payment as specified in the Statement of Account.
10.7. The Customer breaches any of the terms of this agreement or of any other contract between the Customer and the Company;
10.8. The Company in it's absolute discretion considers that there has been a material adverse change in the Customers financial circumstances;
10.9. The Customer, not being a company either dies, ceases to be of full legal capacity or, if a partnership, is dissolved; or If the Customer is a company: (i) stops or suspends or threatens to stop or suspend payment as provided for under this agreement; (ii) is insolvent within the meaning of Section 95(A) of the Corporations Act; (iii) a court is required by reason of Section 459 to presume that the Customer is insolvent; (iv) an administrator is appointed over all or any of its assets of any of the Customer or an undertaking or any steps preliminary to the appointment of an administrator is taken to the Customer; (v) a controller or a similar officer is appointed to all or any of the assets or undertakings of the Customers; or (vi) an order is made or a resolution is passed for the Customer's winding up or dissolution or for it to enter an arrangement, comprise or composition with or assignment for the benefit of its creditors, a class of them or any of them.