T & C | Refunds Policy

General

This website at https://thegourmetmerchant.com/shopping/is a shopping website where you can browse, select and order products advertised on the Site from The Gourmet Merchant Pty Ltd (ABN 55 0600 947 06) .

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.

This agreement is governed by the laws of The Australian Commonwealth and Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.

Disclaimer

The information contained in this Site is provided in good faith on an “as is” basis. The Seller does not represent or warrant to the reliability, accuracy or completeness of the information contained on this Site.
To the extent permitted by law, Seller 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.

Intellectual Property

Viruses

Seller 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 Seller 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 Seller is found to be liable this will be limited to the cost of supplying the information again.

Compliance with these Terms and Conditions

You agree to bound by, and comply with, these terms and conditions by:
using the Site;
completing your registration through the Site; and/or
obtaining or ordering Products from us using the Site or by any other method of sale.

Changes to these Terms and Conditions

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.
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.

Registration

 

You may complete the customer registration process through the Site before placing an order for Products through the Site. Any personal information that you give us will be held and used by us in accordance with our Privacy Policy contained on this Site.

Placing an Order for Products

You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
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 Seller 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.
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.

Acceptance or Rejection of an Order

Any electronic receipt 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.

Cancelling an Order (by Us)

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;
  • your order weight exceeds our maximum postal delivery weight (in which case we will contact you to make alternative arrangements where possible); or
  • 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)

Orders may only be cancelled by emailing sales@thegourmetmerchant.com within one hour of placing the order.

Should you wish to correct your delivery address or contact details prior to the order being dispatched, please contact us on sales@thegourmetmerchant.com and we will endeavour to assist you.

Delivery of Products
Orders are shipped within Australia at a flat rate of $15.00 per order. For shipping costs outside Australia, contact us on sales@thegourmetmerchant.com.

Prices, Fees and Charges

The prices of Products and delivery and other charges displayed on this Site are current at the time of issue, however, Seller 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). Prices are shown ex-GST.  Unless otherwise stated, the sales price of the product is subject to GST.

If you are viewing products in a currency other than Australian Dollars (AUD), these prices are based on an exchange rate of the day and may vary. Importantly, when you are billed you will be billed in the Australian Dollar amount (AUD). The foreign currency amount shown on your credit card will be different to that displayed on the website due to exchange rate differences and other fees charged by your Credit card merchant.

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.

Returns Policy

Unless you notify us to the contrary by email within seven (7) days of delivery of any Products and such notification is confirmed by return email within seven (7) days of its receipt by Seller, the Products shall be deemed to have been accepted by you.

Change of Mind Returns

We do not offer refunds for products that are shipped and delivered to the recipient without any damage. If you have received something that was out of date, broken or damaged, please contact our customer service team on 03 9459 1033, and we will be sure to replace those items for you.

If you do wish to swap an item we would be happy to send you another item once we have received the original item back at our warehouse in its original unopened condition. Any additional costs for the replacement item such as delivery, or any difference in prices, would need to be paid for prior to shipping.

The cost of returning the Product by post is at your expense, unless faulty. Returns must be sent by you at your cost using a trackable or signed-for delivery service, such as registered post.

A request for a refund can be made for a product that has not yet shipped up to a maximum of 90 days from order. No refunds will be payable after this time.

Faulty Products

If any Product is faulty, not fit for its intended purpose or does not match the description then please contact us by email at sales@thegourmetmerchant.com and one of our Customer Service Team will assist with your request. The Gourmet Merchant will offer a replacement Product, credit note or refund at its discretion subject to the requirements of the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth)

The Gourmet Merchant will evaluate your return request and send you full return instructions and return address. The postage cost for the return will be borne by you except where The Gourmet Merchant subsequently deems the returned Product faulty, not fit for its intended purpose or that it does not match the description on the Site in which case The Gourmet Merchant will refund the postage cost to you.

Please be aware that it is your responsibility to ensure that your returned item reaches us safely. The Gourmet Merchant are not liable for the loss or damage of return items in transit. Please use a traceable delivery method and keep a record of your tracking number. The Gourmet Merchant will email you to confirm when a return has been received by us.

 

Request for Product Reviews

So far, all this is all very formal, but it has to be for protecting your interests and ours.

But really, all we want is for you to be happy with our products.  So we’ll ask you for a review after you’ve bought from us.

Thanks-The Gourmet Merchant

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