GENERAL CONDITIONS FOR USE OF THIS WEBSITE
In the context of this website, “we”, “our” and “us” means The Retro Diner (hereby referred to as our company name The Retro Diner and “you” and “your” means you, the user or customer of this website.
The use of the term “product” includes the plural “products”.
Except if otherwise required by law the following Terms and Conditions, the Contract of Sale and our Privacy Statement govern your use of this website. They describe the rights and responsibilities of both you and us. If you use this website you agree to be bound by the Terms and Conditions and if you shop at this website you agree to the terms of the Contract of Sale.
If you do not agree to the Terms and Conditions and the Contract of Sale and our Privacy Statement do not use this website.
We shall not be responsible for any detriment incurred by reliance you place on this website or its contents. Use of this website is on an “as is” basis and is entirely at your risk.
You agree to defend, indemnify and hold harmless The Retro Diner, and related corporations, affiliates, and the officers, directors, employees and agents of these entities, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from or in connection with (i) your use of and access to the website (including any online ordering and applications) (ii) your violation of any term of these Terms and Conditions of Use and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right (iv) any claim that one of your User Submissions caused damage to a third party and (v) use of the User Submissions by The Retro Diner
CHANGES TO TERMS
Because of frequent changes in Internet technology and applicable law we reserve the right to make changes to these Terms and Conditions at any time that technology and legal changes require. You should check these Terms and
Conditions regularly for such changes.
CHANGES TO PRODUCTS
We and any other persons involved in the management of this website may make changes in the products described, and to other content of this website, at any time without notice. We make every effort to ensure that product descriptions on our website are accurate. However some inaccuracies, typographical errors or misinterpretations may occur. We reserve the right to correct such inaccuracies or typographical errors as they are identified.
All depictions contained on the website are for illustration purposes only. Because of differences in picture inks,
computer monitors and printer ink, colours of the actual product may vary slightly from those observed.
USE OF THE ORDERING PLATFORM
If the website is used (including for online ordering), you are responsible for maintaining the confidentiality of your personal details, password and payment details. You agree to accept full responsibility for all your activities on our website and online ordering.
The Retro Diner online ordering system must only be used by persons over the age of eighteen (18) years, or otherwise under the supervision of an adult or guardian. The Retro Diner reserves the right to refuse service, terminate your access to the website or online ordering, remove or edit any content or cancel your order/s in its sole discretion and without prior notice to you.
The Retro Diner does not guarantee that the website or online ordering system will be free from viruses or other harmful components and you agree to hold harmless Retro Diner from any claim, judgement, loss, expense, liability from any viruses or harm suffered by you as a result of using the website, applications or online ordering and reserves the right to alter the agreed price if an incorrect price was caused by a software fault, error or malicious attack.
MEAL REFUND POLICY
Refunds will only be granted in cases where we can not provide the item requested. A full refunded will be provided through the payment method used to purchase the item.
Please be aware that if you cancel your order, a cancellation fee may apply as we will already have started preparing your yummy meal.
All prices are in Australian Dollars.
The price displayed for products on this website represents the full price, including GST, for the product itself but does not include postage/delivery charges which will depend on the destination.
We reserve the right to change prices displayed for products on our website at any time.
You must be at least eighteen (18) years of age to place an order with us. We do not knowingly accept orders from anyone under 18.
By placing an order with us through this website you acknowledge that you are over eighteen (18) years of age.
Should we suffer any loss or damage as a result of a transaction entered into by a person under the age of 18, we reserve the right to seek compensation for such loss or damage from the parents or guardians of the person who placed the order(s) with us.
When you visit our website or send e-mails to us, you are communicating with us electronically. By using the website you and we consent to receiving communications electronically. We will communicate with you by e-mail or by posting notices on this website. You and we agree that all electronic communications between us of agreements, notices, disclosures or other information satisfy any legal requirement that such communications be in writing.
The nature of Internet communications means that communications may be susceptible to data corruption, interception and delays and you agree that unless proven otherwise we are not responsible for any such occurrence.
This website may:
INTELLECTUAL PROPERTY RIGHTS
Material contained on this website is protected by copyright. You may use this website only for your personal and non-commercial purposes. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute any material on this web site or create any other material using material on this website, without obtaining our prior written consent.
Registered trademarks and logos must not be used or modified in any way without obtaining the prior written consent of the trade mark or logo owner.
The web site, products, technology and processes contained in this web site may be the subject of other intellectual property rights owned by third parties. No license is granted in respect of those intellectual property rights other than as set out in these Terms and Conditions. Your use of this web site and material on it must not in any way infringe the intellectual property rights of any person.
CONTRACT OF SALE
These terms together with your order constitute the entire contract between you and us for the supply of products. No other terms will apply except where terms may be implied by law. The contract cannot be varied unless we agree to vary it in writing or by email.
You can place an order only by clicking the “Add to Cart” button. When you place an order with us you have made an offer to purchase the product you have chosen and when we issue a tax invoice to you we have accepted your offer. Both offer and acceptance are based on these terms and conditions.
It is your responsibility to provide your exact email address, delivery address, billing address and telephone number and to keep these up to date. Any incorrect information provided may lead to a delay in delivering the product ordered by you or non-delivery of the product.
Your details are stored on a secure server for ease of use in processing future orders or for warranty claims. The information is only used to process your orders, for statistical purposes that may improve our website and its services, and to allow us to notify you of special offers or new products via our newsletters. Please refer to our Privacy Statement on this website. We do not store credit card details.
We will issue you with an Order Number by email after we have received your offer to purchase. We will notify you when we process your order by sending you an Order Confirmation and tax invoice via email. In order to prevent credit card or payment fraud your offer can only be accepted by us after it has passed our validation procedures.
We retain discretion to cancel orders if our processes identify any attempt at fraud or for any other legitimate reason.
If for any reason we cannot process or accept your order after payment is received, we will contact you by email or telephone to determine your requirements for the reimbursement of money paid.
We only accept payment through Qoin and Square which accepts all major credit cards (Visa and Mastercard).
Payment will not be processed until we have received all relevant information required for processing to be completed. The processing of payment for orders placed on a weekend or a Public holiday will not begin until the next working day.
We do not accept international credit cards, we accept Australian credit cards only. We process Credit cards payments when you checkout from the product order screen. We will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
You will be provided with an estimated delivery time when you checkout from placing your order. The estimated delivery times are in working days Monday to Friday excluding public holidays. Normal delivery is within 2 to 14 working days from the date of payment of your order. We will make every effort to deliver your product within the estimated delivery time but the actual delivery times may change due to changes in supply or circumstances beyond our control.
PASSING OF PROPERTY
Property in the product passes to you upon receipt of the product by you.
Statutory Conditions and Warranties:
The Retro Diner provide a voluntary warranty and applies the Conditions and Warranties required by law.
For all products sold, The Retro Diner Pty Ltd provides conditions and warranties contained in the Commonwealth Trade Practices Act 1974. The warranties provide that the product is clear of finance or encumbrances; and you will have free title to the product.
If the product does not fulfill any of these conditions or warranties then, provided the claim is made within a reasonable period after the sale, you may be entitled, at your discretion, to a refund, replacement of the product or to have it repaired. A reasonable period depends on the circumstances of each sale including but not limited to the nature, quality and price of the product.
Any refund agreed to may be less than the purchase price depending on any use or consumption of the product which has occurred or any contribution that use by you has made to the cause of the claim.
Customer Service will consider each claim on its merits on a case by case basis and, if required, will negotiate a solution that is acceptable to The Retro Diner and you including any costs involved.
For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au or download a free copy of the Warranties and Refunds Guide at http://www.accc.gov.au/content/index.phtml/itemId/322947
Exceptions The Retro Diner will not provide a refund, credit or exchange if:
You have damaged the product by using it in a way, other than how it was meant to be used. You have had a defect drawn to your attention before you purchased the product, for example, when products are clearly labelled as seconds or faulty. When item has been mostly or fully consumed before complaint is made.
Voluntary Warranty Policy
All products sold by The Retro Diner have a “dead on arrival” (DOA) warranty. This means that if the product is damaged during delivery and a claim is made in 2 das of delivery from first attempt of delivery, The Retro Diner replace the product at our discretion and our cost. If The Retro Diner have no further stock of the item The retro diner will replace it with a similar product or offer you a full refund.
If the damage is discovered outside the 2 day period, contact us to determine whether circumstances are such that you can still proceed with a claim. You can take advantage of this offer for up to twelve months after sale.
This warranty does not apply to damage packaging only and does not detract from your statutory rights.
As a consumer, you are entitled to the benefit of statutory consumer guarantees in respect of items purchased from The Retro Diner. In accordance with Australian Consumer Law, if the item has a major failure, you may reject the item and seek a refund or exchange, or you may keep the item and seek compensation for any drop in the value of the product. Where a warranty claim is granted any refund will include all delivery and related costs for the product. Where a non warranty claim is granted any refund will be for the cost of the goods only and will exclude all related costs. No refund or replacement will be given until we have received the product from you.
Please choose carefully as we do not offer refunds on items unless the item is faulty, significantly different from what was shown to you, not doing what it is supposed to do, in breach of manufacturer’s warranties or consumer guarantees or where otherwise required by law.
Refunds will be issued by EFT, QOIN or a credit to your account. Refunded amounts must be over $15, if the refund is under this amount a credit note will be issued. Wholesale customers will not receive refunds, instead credit notes are issued, they have no expiry and can be used with the next order.
RESOLVING YOUR CONCERNS
If you have any concerns with, or do not understand, our Terms and Conditions we encourage you to contact us and we will make every endeavour to resolve your concerns.
Our contact details are below and we will respond to your query as soon as possible.
Phone: (07) 31439623
195 Brisbane street,
Ipswich, QLD, 4305