Terms and conditions of use
- “Customer” means the party named as applicant in this credit application
- “Goods” are items in an order, and include packaging and services
- “Order” is an order by your to purchase goods from Grandma’s Pantry
This agreement is a contract between you and PJSCB Pty Ltd as trustee for the Baroutsis Family Trust (ABN 70574746710) trading as Grandma’s Pantry . An agreement exists once Grandma’s Pantry accepts an Order from you which occurs when your order and payment is accepted.
The Customer agrees that the following terms and conditions of sale have been read and understood and redeemed to be incorporated in every contract for the supply of goods between Grandma’s Pantry and the Customer.
These terms and conditions of sale shall apply to the exclusion of all others, including any terms and conditions of the customer, with the exception of any terms and conditions necessarily implied by statute.
The only times that we will use your personal information is for contacting your during and pertaining to your transaction with Grandma’s Pantry and/or if you have subscribed to our mailing list.
Your information will never passed or on sold.
Accurate information – Information provided by you in your application must be accurate and complete. You must inform Grandma’s Pantry if there’s a change to your details.
Product information, dietary information, photos & pack sizes are all for illustrative purposes and general advice. From time to time packaging, dietary classifications and ingredients vary and we may not always be as up to date as we would like to be, so please always check the details on the packaging before using. This is especially important if there is a possibility of an allergic reaction.
We pack a wide range of natural food products in store including nuts, seeds, grains and cereals. This includes sesame, peanuts, soya protein and gluten containing products.
As our gluten free products are stored in a separate area and packaged in a totally separated packing area within the store, the risk for cross contamination is at the most absolute possible minimum.
We want our customers are fully aware that we also range products that do contain gluten within our store so that everyone can make an informed decision as to whether or not the product is safe for them or not.
We do our best to avoid any kind of cross contamination.
ORDERS & DELIVERY
Grandma’s Pantry will deliver the Goods to you at the Delivery Address within a reasonable timeframe determined by the delivery providers. Delivery address is the address where the goods are to be delivered as stated on the order.
All Goods, with the exception of refrigerator and freezer items, are available for purchase via our online store. However, the Customer should exercise caution when ordering items that can be prone to being ‘heat affected’ during the non-refrigerated delivery process, that is, items that are subject to melting or spoilage especially in the warmer months of the year. Grandma’s Pantry does not accept liability for the delivery of these items during the delivery process, therefore, credits will not be available to the Customer if items are heat affected during the delivery process.
Also, please keep in mind when ordering items, for example flours or nuts or confectionery along with spices, despite our best efforts and triple bagging upon packing, there may be the possibility of transfer of flavours.
As we cannot anticipate or control the conditions under which the goods we sell will be used, Grandma’s Pantry and its associated entities cannot be responsible for damages of any nature resulting from the use and/or reliance on the delivery of our goods. No expressed or implied warranties are given other than those implied mandatorily by Commonwealth, State or Territory legislation.
No goods will be supplied by Grandma’s Pantry on any terms or conditions other than those set out herein and by taking delivery of goods the Customer is deemed to be bound by these terms and conditions.
Any times quoted for delivery of goods are estimates only and Grandma’s Pantry is not subject to any liability whatsoever for failure to deliver or for delay in delivery arising from any cause whatsoever. The Customer is not relieved of any obligation to accept or pay for Goods by reason of any delay in delivery or dispatch. Grandma’s Pantry reserves the right to deliver in instalments and each such instalment is deemed to be sold under a separate contract. Failure to deliver any instalment does not entitle the Customer to repudiate, rescind or terminate the contract.
All Goods must be checked on delivery. The Customer is deemed to have accepted any Goods delivered as being in conformity with the Customer’s order unless the Customer notifies Grandma’s Pantry in writing within 48 hours of delivery. For a credit note to be issued by Grandma’s Pantry against damaged goods, proof will be required. Returning the damaged product or providing photos of the damaged product to Grandma’s Pantry is deemed as sufficient proof.
Unless otherwise agreed in writing, risk in the Goods passes to the Customer at the time when the Goods have been placed on the vehicle, which is to effect delivery from Grandma’s Pantry store. The Goods remain at the Customer’s risk at all times unless and until Grandma’s Pantry retakes possession of the Goods under these terms and conditions of sale.
Grandma’s Pantry assumes no responsibility or liability for any loss or damage occurring by reason of delay or inability to deliver as a result of fire, strikes, accidents, war, embargoes, accidents, riot, or from any other cause which is unavoidable or beyond our reasonable control and if delays from such causes do occur our delivery period shall be correspondingly extended.
All prices and terms quoted by Grandma’s Pantry are based on the cost prevailing at the date of quotation; such prices are subject to change due to seasonal and market variations. However, the price listed on the website is the price that you will be charged at the time of ordering. If an item becomes out of stock prior to delivery we will contact you by email or phone to let you know and will recommend an alternative where available. As we only debit your credit card after the order is picked we can also just subtract the cost of the item from your order.
Payment for the order amount will be taken before the order leaves the store. The order will not leave Grandma’s Pantry until the amount is approved and cleared.
IMPLIED TERMS AND LIABILITY
Grandma’s Pantry will use reasonable care and skill in providing the Grandma’s Pantry online website for your use.
Grandma’s Pantry acknowledges that, under applicable State, Territory and Commonwealth laws, certain conditions and warranties maybe implied in the contract between Grandma’s Pantry and the customer and rights and remedies conferred upon the customer and other parties in relation to goods which cannot be excluded, restricted or modified by agreement (“Non excludable rights”). The limitations below are subject to those Non Excludable Rights;
Subject to the above, Grandma’s Pantry disclaims all conditions and warranties expressed or implied, and rights and remedies conferred on the customer or other parties, by statue the common law, equity, trade, custom or usage or otherwise howsoever and all such conditions and warranties and such rights and remedies are hereby expressly excluded other than any Non excludable Rights
Grandma’s Pantry ’s liability is expressly limited to a liability to pay to the customer an amount equal to:
- The cost of replacing the goods;
- The cost of obtaining equivalent goods; or
- The cost of having the goods repaired, where repair, such as re processing is an option, whichever is the lowest amount
Where so permitted the liability of Grandma’s Pantry for a breach of a Non excludable Right is limited, at Grandma’s Pantry ’s option, in the case of goods, to the replacement or repair of the goods or the supply of equivalent goods or the cost of replacing or repairing the goods or of acquiring equivalent goods.
In no event shall Grandma’s Pantry be liable (whether before or after discharge of the contract or otherwise) for any loss or damage to the customer howsoever arising including any loss or damage arising from or caused or contributed to by negligence by Grandma’s Pantry , its servants or agents, nor shall Grandma’s Pantry be liable for special, incidental, indirect or consequential, or economic loss or damage suffered by the customer as a result of a breach by Grandma’s Pantry of its obligations or otherwise including but not limited to economic or moral loss, loss of profits or revenue or costs arising from such breach.
The Customer shall indemnify and keep indemnified and hold Grandma’s Pantry harmless from and against all liabilities, losses, damages, costs or expenses incurred or suffered by Grandma’s Pantry , and from and against all actions, proceedings, claims or demands made against Grandma’s Pantry , arising from one or more of the following:
- As a result of the customer’s failure to comply with an laws, rules, standards or regulations applicable in relation to the goods or the use of the goods;
- As a result of any other negligence, breach of contract or other breach of duty by the customer
- As a result of Grandma’s Pantry adhering to instructions that the customer has given Grandma’s Pantry about the goods.
If the Customer makes payment to Grandma’s Pantry by way of cheque or other negotiable instrument, which is not honoured upon presentation for whatever reason, Grandma’s Pantry
may charge the Customer an administration fee of $50.00 together with any further fee that is incurred by Grandma’s Pantry.
TITLE AND OWNERSHIP
Title and ownership of goods does not pass to the Customer but remains with Grandma’s Pantry until payment in full (which includes payment of all cheques and negotiable instruments) of the invoiced amount of the Goods together with all other amounts owing to Grandma’s Pantry by the Customer.
Until the title passes to the Customer:
- The Customer must store the Goods on behalf of Grandma’s Pantry without charge;
- The goods must be stored separately and in a manner to enable them to be identified and crossed-referenced to particular invoices and the Customer must permit a representative of Grandma’s Pantry to enter into and upon premises owned by or under the control of the Customer where the goods are held, so that Grandma’s Pantry can ascertain whether the customer is complying with this clause;
- Ensure that the Goods are kept in good and serviceable condition;
- Secure the Goods from risk, damage and theft
- Keep the Goods fully insured against such risks that are usual or common to insure against in a business of a similar nature to that of the Customer and supply Grandma’s Pantry with a copy of the ‘Certificate of Insurance’
- The Customer must return the Goods to Grandma’s Pantry if requested.
CHANGE OF DETAILS
The Customer must immediately inform Grandma’s Pantry in writing of any change of contact details, in the ownership operation, legal entity or structure of the Customers business or of any change in the information provided in this application. Until such notification is received by Grandma’s Pantry, the liability for any unpaid amounts remains with the Customer as disclosed in the application.
Returned Goods will not be accepted by Grandma’s Pantry without Grandma’s Pantry’s prior authorisation. Please refer to our Credit and Returns Policy for further information.