Website - Terms Of Use

This web site is owned and operated by Dellicates. Dellicates will be referred to as "We", "our" and "us" in this Terms of Use policy. By using this site, you agree to the Terms of Use Policy of this web site ("the web site"), which is set out on this web site page.

Using our web site

When using this web site you agree to be legally bound by these terms and conditions as they may be modified and posted to our web site from time to time.

Without prejudice to the above, by using or accessing our website, you agree to be legally bound by these terms and conditions of use as they apply to your use of or access to our website.

If you do not wish to be bound by these terms and conditions then you may not use our website.

You must ensure that the personal information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your personal information, please read our privacy policy on this website.

Applicability of online materials

Unless otherwise specified the materials published on our web site are presented solely for your private, personal and non-commercial use.

We have used our reasonable endeavours to ensure that our web site complies with Australian law. However, we make no representations that the materials on our web site are appropriate or available for use in locations outside of Australia.

We make no warranties, express or implied that making the Products available in any particular jurisdiction outside of australia is permitted under any applicable non-Australian laws or regulations. Accordingly, if making the Products or any part thereof available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are resident outside of Australia, you must satisfy yourself that you are lawfully able to purchase the Products. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside of Australia or who are nominees of or trustees for citizens, residents or nationals of other countries.

Copyright & monitoring

The contents of our web site are protected by international copyright laws and other intellectual property rights. We, or other third party licensors, are the owner of these rights. All product and company names and logos mentioned in our web site are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our web site for the sole purpose of using it as a personal information resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our web site including, but not limited to text, graphics, audio, video, messages, code and/or software without our prior written consent, except where expressly invited to do so.

Linked sites

We make no representations whatsoever about any other web sites which you may access through our web site or which may link to our web site. When you access any other web site you understand that it is independent from us and that we have no control over the content or availability of that web site. In addition, a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a web site and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its web site administrator or web master.

Availability of our web site

We will try to make our web site available but cannot guarantee that our web site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our web site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router or any other internet connected device.

We reserve the right to alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated, any new features including new content and/or the sale of new products and/or the release of new software tools or resources shall be subject to these terms and conditions.

We are committed to safeguarding the privacy of our users. We take your privacy very seriously and it is important to us that you can use and enjoy our website without having to compromise your privacy in any way. For more information, please see our privacy policy.

COD - Terms and Conditions

1. Definitions

"Dellicates" means Dellicates-Dellicate food for delicate diets selling products to the Customer as identified in Dellicates’s Quotation or Invoice. "Customer" means the person or legal entity identified in Dellicates’s Quotation or Invoice. "Contract" means a contract for sale by Dellicates to the Customer of the products and/or services incorporating the Terms and Conditions.

2. Formation of Contract

2.1 No Contract shall come into existence until the Customer's order has been accepted by Dellicates and such acceptance has been received by the customer. The contract shall be deemed to be concluded at the time and place where such acceptance is received by the Customer.
2.2 The products sold and/or services rendered are subject to the Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by the Terms and Conditions.
2.3 These Terms and Conditions are subject to the laws of Australia including without limitation the Trade Practices Act 1974 (the Act).

3. Orders, Price and Payment

3.1 Unless credit terms have been expressly agreed by Dellicates, payment for the products or services shall be made in full before physical delivery of products or services.
3.2 Customer shall pay for all shipping and handling charges.
3.3 Customer shall bear all country, provincial, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies/taxes.
3.4 If credit terms have been agreed the time for payment is of the essence. Dellicates reserves the right to charge interest at the rate of 2% above the base commercial floating rate for National Australia Bank in Sydney, if deemed necessary.

4. Title and Risk

Title to and risk in the products shall pass to the Customer upon delivery of the products to Customer, or when a customer has paid for the product in full as per credit terms negotiated and approved by the sales or acting sales manager.

5. Delivery

5.1 Dellicates shall deliver the products to the place of delivery designated by Customer and agreed to by Dellicates ("Place of Delivery").
5.2 Any dates quoted by Dellicates for the delivery of the products are approximate only and shall not form part of the Contract. Dellicates shall not be liable for any delay in delivery of the productsand/or services, howsoever caused.
5.3 Dellicates may revise and/or discontinue Products at any time without notice. The Customer accepts that this may result in differences between the specification of Products ordered and what’s in stock if this is the case, Dellicates will endeavor to inform the customer of their choices, in alternate stock or credit to be used for future orders.

6. Acceptance of Products

6.1 Unless the Customer notifies Dellicates to the contrary on the day of delivery and such notification is confirmed in writing within two days (email or fax), the Products shall be deemed to have been accepted by the Customer as being in good condition and in accordance with the Contract. The Customer shall not be entitled to withhold payment of all or any of the price of the Products whilst any claim is being investigated by Dellicates.
6.2 Any Dellicates-branded Products purchased under these Terms and Conditions directly from Dellicates by an end-user Customer (not retail or reseller) may be returned by Customer up to SEVEN (7) days from the date of the invoice for a replacement, refund or credit of the purchase price. The refund or credit will not include any shipping and handling charges forming part of the purchase price. Returned Products must be received by Dellicates in as-new or as-shipped-by-Dellicates condition, including conformance to invoiced specification, and all other items includedwith a Product must be returned with it.

7. Liability

7.1 Dellicates shall not be liable in contract or in tort for any loss or damage suffered and consumers rights are limited to those set out in these Terms and Conditions and under statute.
7.2 To the extent permitted by law and subject to clause 10.7, Dellicates’ total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions.
7.3 The Customer shall indemnify Dellicates and keep Dellicates fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the Customer, its employees, agents or subcontractors or by any breach of its contractual obligations arising out of these Terms and Conditions.
7.4 To the extent permitted by law, Dellicates and Customer agree that, Dellicates shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services, even if Dellicates has been advised of their possibility.
7.5 Any service response times stated by Dellicates in the service contracts are approximate only and Dellicates shall not be liable for any direct or indirect loss or damage arising from its failure to meet such response times, howsoever occasioned.
7.6 To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by Dellicates shall be subject to correction without any liability on the part of Dellicates.
7.7 Under the Act, where implied conditions and warranties cannot be excluded, Dellicates’ liability for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at Dellicates’ option, to: replacement of the products or the supply of equivalent products; the repair of such products; the payment of the cost of replacing the products or of acquiring equivalent products; or the payment of the cost of having the products repaired; OR, in the case of services, the supplying of services again; or the payment of the cost of having services supplied again.

8. Force Majeure

Neither party shall be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such obligations.

9. Export and Restrictions

The Customer acknowledges that the Products licensed or sold hereunder, which may include, fresh, dry or whole foods are not only subject to the export control laws and regulations of Australia but may also be subject to the export control laws and regulations of the country in which the Products are received. The Customer agrees to abide by all applicable export control laws and regulations.

10. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria and shall be subject to the non-exclusive jurisdiction of the courts of Victoria.

11. General

11.1 The Customer shall not assign or otherwise transfer any Contracts or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of Dellicates. Any such unauthorized assignment shall be deemed null and void.
11.2 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
11.3 Dellicates reserves the right to remove certain products from the loyalty point’s scheme, or change the rate of the points a product gains, as seen fit. The customer will be able to use loyalty points up to twelve (12) months from invoice.