Terms and Conditions

1. Interpretation

• In these Conditions:

Conditions means these terms and conditions, including any additions or variations;

Corporations Act means the Corporations Act, 2001 (Cth);

Foodco means Foodco Group Pty Ltd 007 145 057;

Goods means any goods provided by Foodco to the purchaser pursuant to these Conditions;

GST means the goods and services tax imposed by the A New Tax System (Goods and Services Tax) Act, 1999 (Cth);

Order means a request by the purchaser to purchase Goods from Foodco by means of the Website;

Privacy Policy means the Foodco privacy policy, as amended from time to time, which is available for viewing on the Website (here is a link: http://www.foodco.com.au/privacypolicy/);

related body corporate has the meaning given in section 50 of the Corporations Act.

Website means the following website: http://www.foodco.com.au/

Application

• Each Order placed with Foodco shall be governed by these Conditions. These Conditions will apply to the exclusion of all other conditions. By placing an Order, the purchaser acknowledges that it has read, understood and accepted, without reserve, these Conditions.
• Foodco reserves the right, at any time, to modify these Conditions by posting a new or updated version on the Website.
• By placing an Order, the purchaser agrees to be bound by the Conditions that will apply to the Order is place with and accepted by Foodco.

Privacy Policy

By using the Website, the purchaser accepts and agrees to be bound by the Privacy Policy.

Orders

• Foodco may, from time to time, set a minimum order quantity or minimum order value on the Website.
• Foodco may, in its absolute discretion, decide to accept an Order which is below the minimum order quantity or minimum order value. Acceptance of such an order by Foodco will not oblige Foodco to accept an order which is below the minimum order quantity or below minimum order value at any other time.
• All Orders are subject to availability of stock.
• Foodco reserves the right to refuse Orders whether whole or in part in its absolute discretion.

Returns, Refunds & Exchanges

• The purchaser cannot refuse to accept Goods merely because they are not delivered by any given date or dates.
• Returns are not accepted for change of mind or wrong purchase decisions.
• The purchaser must verify the order of Goods upon delivery and must notify Foodco within seven (7) days of receipt of any incorrect order. If required by Foodco, the goods forming part of the incorrect order must be promptly returned by the purchaser to Foodco.
• Foodco will only accept returns of unused Goods in their original condition and packaging, accompanied by the invoice.
• Where Goods are faulty, have been wrongly described, or are different to the product Ordered from the Website, a refund or exchange may be granted. In this case the purchaser should contact the Foodco on 1800 622 338 (Aus. only) or +61 2 9302 2200 Monday to Friday between 9AM – 5PM (AEST) or via email to info@foodco.com.au within 48 hours of receiving the Order.
• When returns are properly completed, and Foodco does not grant an exchange under these Conditions, Foodco will reimburse the price of the returned Goods and the invoiced delivery charges within 30 days of receipt of the returned Goods.

Cancellation Policy

Orders cannot be cancelled once they have been submitted by the purchaser.

Shipping

• All Goods will shipped via Australia Post or other service provided selected by Foodco.
• Foodco will endeavour to provide Goods to the purchaser in a timely manner to the address specified in the Order.
• Foodco accepts no responsibility for any loss of, damage to, late delivery or non-delivery of Goods once they have been dispatched from Foodco’s warehouse.

Shipping Cost

• Applicable Shipping costs for an Order (if any) are automatically calculated in the shopping cart on the Website.
• Foodco may calculate shipping costs by reference to the weight of the items purchased combined with the delivery location within Australia.

Pricing and Payment

• Prices are in Australia dollars and are subject to change without notice.
• Unless stated to be otherwise, charges for the purchase and supply of goods are GST inclusive.
• Any Order placed is an offer by the purchaser to purchase the particular Goods for the price notified (including the delivery and other charges and taxes) at the time you place the Order.

Method of Payment

• Foodco accepts payment by Visa and MasterCard (or by any other means specified on the Website).
• The purchaser will be required, at the time of placing an Order, to select the payment method.
• Unless otherwise agreed, in order to receive the goods ordered, payment must be received by the selected payment method.

Intellectual Property

• The purchaser acknowledges that Foodco (or its related bodies corporate) owns, or is licensed (subject to paragraph 11.2) to use, all of the artwork, graphics, text, logos and other intellectual property available on the Website or provided to the purchaser in relation to, or about Foodco and/or the Goods (collectively, the “Content”). Any such Content may be displayed and printed solely for the purchaser’s personal, non-commercial use.
• The “Jamaica Blue” trademark and logo are owned by or licensed to Foodco or its subsidiary Jamaica Blue Pty Ltd in Australia, New Zealand, Kuwait, the United Arab Emirates, Oman, Bahrain, China, Singapore, Malaysia and the United Kingdom.
• The purchaser must not copy, reproduce or otherwise use or exploit any of the Content in any manner inconsistent with the rights of the owner or licensee of such intellectual property rights.

Miscellaneous

• These Conditions are governed by and must be construed in accordance with the laws of New South Wales.
• These Conditions govern the provision of the Goods and constitute the whole of the agreement between us and supersede any previous dealings, prior representations, statements and agreements in relation to their subject matter.
• Foodco may sub-contract or otherwise arrange for another person to perform any part of these Conditions or to discharge any of Foodco’s obligations under these Conditions.
• Neither party is liable for any delay or failure to perform its obligations under these Conditions (except an obligation to pay money) if such delay or failure is due to any cause outside their reasonable control. If delay or failure to perform its obligations pursuant to this clause occurs, the performances of that party’s obligations are suspended. If such a suspension exceeds 30 days, either party may immediately terminate this agreement by notice in writing to the other party.