THE PLATTER PROJECT – TERMS AND CONDITIONS
- This website at www.theplatterproject.com (Site) is a website where you can browse, select and order products advertised on the Site. This site is owned and operated by The Platter Project Pty Ltd (ACN 615896743) trading as "The Platter Project" (referred to as "The Platter Project", "us" or "we").
- Please read these terms and conditions before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.
- Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions.
- The terms and conditions also apply to the sale of any Products via methods other than the Site, including sales by telephone, in person or other means, unless otherwise agreed in writing.
- The information contained in this Site is provided in good faith on an "as is" basis. The Platter Project does not represent or warrant to the reliability, accuracy or completeness of the information contained on this Site.
- To the extent permitted by law, the Platter Project is not responsible or liable for any Liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in this Site.
- acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the Material) are owned by or licensed to us;
- must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
- must not frame or embed in another website any of the material appearing on this Site without our prior written consent.
- store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and
- print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.
- This Site, the Products and any ancillary materials or documents owned or used by The Platter Project in connection with the sale of the Products and promotion of its business contains registered trademarks which are protected by law and other branding, images, content which constitute the intellectual property of The Platter Project. You must not use any of the marks or trademarks appearing on the Site or our name or the names of our related bodies corporate or any of our intellectual property without our prior written consent.
- The Platter Project does not claim that any information (including any files) obtained from or through this Site is free from viruses or other faults or defects.
- You are responsible for scanning any information for viruses.
- You agree that the Platter Project has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information.
- If the Platter Project is found to be liable this will be limited to the cost of supplying the information again.
- Cookies collect information that includes the server your computer or device is logged onto, your browser type and how you gained entry to our website. When you visit our Site anonymously, details are recorded about your visit (including time and date, pages accessed and time spent on the Site, in addition to the matters described above). This information is used in an anonymous form for statistical purposes and, as such, cannot be used to identify you individually.
- A cookie cannot retrieve any other information from your hard drive, pass on computer viruses or capture your email address or any other personally identifiable information.
- You should note that accepting cookies is required if you want to view our websites, because they are essential for our site administration and security.
- You may disable cookies or set your browser to alert you when cookies are being sent. If you do disable cookies, you may experience some errors. Refer to your browser instructions or help screens to learn about these functions. If you reject all cookies, you may not be able to use our Site.
COMPLIANCE WITH THESE TERMS AND CONDITIONS
- You agree to bound by, and comply with, these terms and conditions by:
- using the Site; and/or
- obtaining or ordering Products from us using the Site or by any other method of sale.
- If you have an order that has been accepted by us, the terms and conditions that will apply to that order are the terms and conditions that applied at the time you placed your order. We cannot vary the terms and conditions which apply to a given order after that order is accepted by us.
- Subject to above, we may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions.
PLACING AND ORDER FOR PRODUCTS
- You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
- Your order must be place at least 48 hours prior to requested delivery date.
- Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
- By placing an order through this Site, you accept these terms and conditions and acknowledge and agree to abide by these terms and conditions.
- The Platter Project must receive payment in full for the Products at the time the order is placed by you. Once payment had been made, we will send an electronic order confirmation and arrange for the dispatch of the Product. Delivery will be on the requested date and time.
- The Platter Project is required to take an additional (refundable) deposit per platter before the order date to cover damages and loss of items.
- 10% Surcharge applies on all Sundays and Public Holidays for certain product orders.
- We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
- You agree to provide us with current, complete and accurate details when asked to do so by the Site.
- Any electronic receipt, email, text message or other form of order confirmation provided to you does not signify our acceptance of your order.
- We reserve the right to accept or reject your order for any reason, including (without limitation) if the requested Product is not available, if there is an error in the price or the product description posted on the Site or in your order. If a substitute Product is provided due to unavailability, we will provide a replacement item equal to or greater than the original item.
- Each order placed for Products through the Site or any other means that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions.
- If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
- Prior to the dispatch of an order, we may cancel all or any part of an order (including any orders that we have accepted) without any liability to you for that cancellation if:
- the requested Products in that order are not available; or
- there is an error in the price or the product description posted on the Site or in any other sales platform in relation to the relevant Product in that order;
- we consider that the postage price selected in the checkout does not match the applicable price for the delivery address;
- that order has been placed in breach of these terms and conditions.
- If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.
CANCELLING AN ORDER (BY YOU)
- Should you wish to correct your delivery address or contact details prior to the order being dispatched, please Contact Us and we will endeavor to assist you.
- A cancellation fee (50% of the total order) will apply should you cancel your order within 3 days of delivery date. The Platter Project will not refund orders that are cancelled within 48 hours of the delivery date.
DELIVERY OF PRODUCTS
- The Platter Project will do the best to arrive at the requested date and time however you will allow time for incidents (that are out of our control) to occur.
- I LOVE NOSH Products are delivered cooked and frozen. Garnishes are not included.
- I LOVE NOSH Products cannot be returned once delivery is accepted. Products will be at your risk from the time of delivery.
- Orders will not be left unattended. If no one is available to receive the order at the requested date and time, you will be required to pick up your order from Lilyfield at another time or request a new delivery.
- The prices of Products and delivery and other charges displayed on this Site are current at the time of issue, however, The Platter Project reserves the right to change prices at any time before we accept an order from you.
- All prices shown on this Site are in Australian Dollars (AUD).
- The Platter Project is required to take an additional (refundable) deposit per platter before the order date to cover the following:
- Incidental items including any damages incurred or failure to return platters, dip bowls, linen napkins, decorative props and stands.
- A non-refundable late fee of $5 per day will be charged if platter boards, baskets, dip bowls, linen napkins, decorative props and stands are not returned within 7 days.
- We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
- the purchase price of each Product that is ordered;
- the delivery fee for delivering the Products to you; and
- any other fees and charges set out in these terms and conditions.
- All fees and charges identified in these terms and conditions and all prices for the Products as shown on the Site are inclusive of GST (unless otherwise indicated).
- You covenant and warrant that:
- all information and data provided by you to us through the Site or otherwise is true, accurate, complete and up to date;
- the person receiving the Products at the Delivery Address is authorised by you to do so;
- you have and will comply with all relevant laws relating to your use of the Site and your placement of any order to us;
- you are responsible for any costs associated with your access to or use of the Site, including Internet access fees;
- you will contact us if there is any hesitation and allergy queries before consumption or use.
- Products will be at your risk from the time of delivery. The Platter Project accepts zero responsibility of products and consumption after delivery has been accepted.
- You must not:
- use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
- use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
- make fraudulent or speculative enquiries, purchases or requests through the Site;
- use another person’s details without their permission or impersonate another person when using the Site;
- post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
- tamper with or hinder the operation of the Site;
- knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
- use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
- modify, adapt, translate or reverse engineer any portion of the Site;
- remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
- reformat or frame any portion of the web pages that are part of the Site;
- create accounts by automated means or under false or fraudulent pretences;
- use the Site to violate the security of any computer or other network or engage in illegal conduct;
- take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
- use the Site other than in accordance with these terms and conditions; or
- attempt any of the above acts or engage or permit another person to do any of the above acts.
- The Platter Project accepts liability for all legal guarantees and warranties expressed or implied to the transactions under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory), the effect of which cannot be excluded.
- Where we are permitted by law:
- we do not warrant or represent the suitability of the Site or a Product for any purpose; and
- we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Site or the Product.
- Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
- Subject to WARRANTY AND LIABILITY, The Platter Project does not accept returns or refunds.
- Unless you notify the Platter Project upon time of delivery of any Products, the Products shall be deemed to have been accepted by you.
- A non-refundable late fee of $5 per day will be charged if platter boards, baskets, dip bowls, linen napkins, decorative props and stands are not returned to us within 7 days.
TERMINATION AND/OR SUSPENSION OF ACCOUNT
- We may terminate this agreement for convenience at any time on notice to you. Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to and use of the Site if we reasonably suspect that you have commit fraudulent act and/or you breach these terms and conditions.
- You agree to indemnify and hold harmless The Platter Project, its directors, employees, third party suppliers and agents from any claims, liability, damages, costs whatsoever arising from any breach of these terms and conditions and in connection with the supply of the Products to you.
THIRD PARTY PRODUCTS
- The Platter Project may offer products from third party suppliers on the Site. Where this occurs, the respective supplier will be identified on the Site and will be solely responsible to you for the Third Party Product including all required warranties under the Australian Consumer Law. Notwithstanding any other provision in these terms and conditions, you release The Platter Project from all liability in respect of Third Party Products.
- You acknowledge that the products displayed from third party suppliers are not an exact sample and are indicative only and that the products you receive may vary from those displayed according to seasonal availability.
- For photography purposes, certain Products on this Site and on Socail Media channels such as Instagram and Facebook have been featured with additional items i.e. plates, cutlery, garnishes, etc. You acknowledge and agree to refer to the contents on the Product page to review full Product contents.
- Gift Vouchers may be used at any time and must be redeemed at the Site or over the phone.
- If the value of the Product is more than the amount of the Gift Voucher, you will need to pay the remaining outstanding amount at checkout.
- If the value of the Product is less than the amount of the Gift Voucher, then the change will remain on the Gift Voucher.
- You acknowledge and agree to provide the correct email or postal address as Gift Vouchers may be sent via email or post.
- Gift Vouchers are not refundable for cash and are valid for twelve (12) months from the date of issue unless otherwise stated.
NOTICES AND COMMUNICATION
- All notices from you must be in writing and emailed to email@example.com.
- Notices from us to you are displayed on the Site from time to time or via social meida channels such as Instagram or Facebook.
- If you send submissions (e.g. creative ideas, proposals, plans etc) via post, email or online, we may edit, copy and/or distribute comments that you forward to us.
- The Platter Project is under no obligation to:
- maintain comments in confidence;
- pay compensation for comments; and/or
- respond to comments.
- We have the right to edit/remove content that we determine as unlawful, defensive and/or threatening.
- Headings used are included for convenience and do not affect these terms and conditions.
- If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforce ability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
- This agreement is governed by the laws of New South Wales. Each party submits to the non-exclusive jurisdiction of the courts of that place.
- Capitalised terms used are defined in these terms and conditions.
- In these terms:
- “GST” has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)
- “Liabilities” means all direct and/or indirect liability for: costs; damages; losses; claims, causes of action, accidents; injuries; deaths; law and traffic violations; and expenses including but not limited to legal fees.
- “Product’ means each good or service that is advertised on the Site.
- “Third Party Products” means each good or service that is advertised on the Site from a third party supplier.