Terms & Conditions
These terms and conditions outline the rules and regulations for the use of Treat 'Em's Website, located at Webb Street, Croydon.
Terms
The https://treatem.com.au website is owned and operated by Treat 'Em (ABN: 86 768 265 615). By accessing, browsing or using this website, you agree to the terms, conditions and disclaimers herein as amended from time to time.
By purchasing an item advertised on this website and/or becoming a member of https://treatem.com.au newsletter, you agree to these Terms and Conditions. https://treatem.com.au may amend these Terms and Conditions from time to time and any amendment will become effective immediately. Your continued use of this website after amendment constitutes an agreement to abide by and be bound by those amended Terms and Conditions.
Trademarks, Copyrights and Restrictions
All material on this site, including, but not limited to images, logos and illustrations, is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by https://treatem.com.au and its related companies. The content of https://treatem.com.au is provided for your personal, non-commercial use. Such material may not be copied, republished, reproduced, uploaded, modified, transmitted, posted, or distributed in any way without the consent of https://treatem.com.au .
The use of this website and these conditions is in accordance with the laws of Australia. Any legal action arising out of its use shall be brought and enforced under Australian laws. By using this site, you agree to submit to the jurisdiction of the courts of Australia and any legal action pursued by you shall be within the exclusive jurisdiction of the courts of Australia
Delivery
We deliver Sydney wide. Delivery takes place between 9am to 5pm on the day selected from Monday to Friday. We are unable to specify an exact time for delivery. The delivery fee is payable in addition to the cost of your order and will be populated at check-out.
https://treatem.com.au recommends you use a business address if there is a chance the recipient is not likely to be home. https://treatem.com.au requests that the recipient be available to receive the delivery on the day of delivery. If no one is available to accept the delivery, then the box will be left outside the residence.
Unattended Deliveries
Due to the sheer volume of deliveries, https://treatem.com.au and it's agents are not always in a position to contact gift-recipients and/or other parties by phone if/when the requested delivery location is unattended and/or to obtain further delivery instructions. It is important the customer provides clear and accurate delivery instructions when placing their order.
https://treatem.com.au retains records for proof of delivery, and remains exempt from any liability or responsibility for loss or damage arising as a result of parcels being left safely and securely at unattended premises and/or due to an incident arising from 'returned, melted, infested or undelivered' products.
Wrong Address
Should the delivery address supplied by the customer be incorrect or insufficient details provided, https://treatem.com.au cannot accept any responsibility for any loss experienced. It is the obligation of the customer to supply accurate details at the time of order.
When supplied with an incorrect address, the box will be re-directed to https://treatem.com.au and disposed of as products no longer remain fresh. It is a commitment by https://treatem.com.au that all products be delivered at the highest quality and a decision will be made to dispose of re-directed products, once returned, at the discretion of https://treatem.com.au.
Re-delivery on the same day will not always be guaranteed. In the case of a wrong or non-complete delivery address, It is the customer’s responsibility to decide on whether they would like to purchase another box and have it delivered to the correct address on a different day.
In the case of a wrong or non-complete delivery address, the customer will lose the monies spent on both the dessert boxes, add-ons and delivery.
Delivery Schedule
Whilst every effort is made to adhere to the above delivery schedule, we use external couriers for all our deliveries, and occasionally situations arise which are out of our control resulting in slight delays in the above time frames. We cannot accept responsibility for these unfortunate events, but assure you that every effort is made to ensure your goods arrive on time.
Pre-Order Policy
Pre orders are available on exclusive event-based items only. Pre order items are not currently in stock until the delivery date, however still available to order. All pre-orders will be treated the same way with regular orders.
Cancellation Policy
Orders can be cancelled 72 hours prior to the scheduled delivery date. Orders that are already prepared, dispatched or in transit cannot be cancelled or refunded.
Cancellation of order incurs a $50.00 administrative fee. Money will be refunded less this fee.
If cancellation notice is received at less than 48 hour notice - cancellation is void.
A cancellation notice must be placed in email to contactus@treatem.com.au
Orders cannot be cancelled on the day of delivery. In the event that the customer needs the box cancelled or re-delivered on the day of the delivery, the customer will be charged the same price for an additional box to be sent out.
We do not offer cash refunds under any circumstances. Store credit may be issued.
Product
https://treatem.com.au does not take any responsibility for the content on any messages sent from a sender to a recipient. Messages are not altered or censored by https://treatem.com.au and are sent as requested by the sender.
Product design, colours and flavours may vary from images supplied on our website by discretion of https://treatem.com.au.
Please note that delivery windows are wider on big occasions such as Valentine’s Day, Christmas etc. Workplaces should be delivered by 5pm and residential addresses delivered by 6pm. Note these times may be extended due to the volume sent on these occasions. Our drivers will do their best to deliver within these time frames but there may be situations beyond our control.
Australian Consumter Law Consumer Guarantee Rights
Treat 'Em Pty Ltd provides guarantees that cannot be excluded under the Australian Consumer Law for the supply of goods or services to a consumer.
More information can be found at http://consumerlaw.gov.au/the-australian-
consumer-law/legislation/ Consumers are defined in Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”). As a consumer, you are entitled to a refund for a major failure or the goods fail to be of acceptable quality and the failure does not not exceed the most recent Purchase Price paid by you under these Terms.
Content Liability
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Discontinuance
We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Limitation of Liability
To the maximum extent permitted by law, we are not responsible for any loss,
damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date. Treat 'Em Pty Ltd total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms.
Indemnity
To the maximum extent permitted by law, you must indemnify us, and hold us
harmless, against any Liability suffered or incurred by us arising from or in
connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
DISCLAIMER
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- Limit or exclude our or your liability for death or personal injury resulting from negligence;
- Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- Limit any of our or your liabilities in any way that is not permitted under applicable law; or
- Exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
For any questions and notices, please contact us at:
Treat 'Em Pty Ltd ABN 38 642 060 142
Email: info@treatem.com.au
Last update: 05/09/2020