Terms & Conditions
1. General
1.1. This Shopping site at www.thegreekdeli.com.au , is a shopping website where you can browse, select and order products advertised on the Site from Greek Deli Adelaide ("Greek Deli Adelaide", "us" or "we").
1.2. 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.
1.3. Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions.
2. Your agreement to the terms and conditions
2.1. By accessing and using the Site, including placing orders of Products through the Site, you agree that you will be subject to and will comply with these terms and conditions (including our privacy policy);
(a) by completing your registration through the Site; and
(b) using the Site to obtain Products from us.
3. Registration
3.1. You must complete the customer registration process through the Site before placing an Order for Products through the Site.
3.2. You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the Site. You may not have more than two accounts per delivery address.
3.3. If you choose to use a workplace email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.
4. Privacy and Commercial Electronic Messages
4.1 Our privacy policy is available here and forms part of these terms and conditions. You acknowledge and agree to our privacy policy, collection notice and cookies statement when you use the Site and the Site's related services, including purchasing goods and services from us using the Site.
4.2 You agree that we may send you commercial electronic messages and tailored advertising (which include marketing communications advertising goods and services) via various channels and media (including by email, SMS, phone and mail) where you have not opted out (as described below) from receiving such electronic messages sent to you by Greek Deli Adelaide via those channels or media. Your agreement to receive commercial electronic messages from us will be effective until you opt out.
4.3 You may opt out of the receipt of commercial electronic messages, by using the unsubscribe facility in the footer of any commercial electronic message. If you tell us you opt out of the receipt of such material, you will only receive information we are required by law to provide to you or factual information directly about your account, including changes to these terms and conditions and/or our collection notice, privacy policy, account transactions or other information relating to products you have purchased.
4.4 Opting out of receiving commercial electronic messages from Greek Deli Adelaide Shopping will not withdraw your consent to receive messages from other Greek Deli Adelaide brands. Any consent you have provided to receive commercial electronic messages from other Greek Deli Adelaide brands are governed under separate terms and conditions that apply to those otherGreek Deli Adelaide brands. If you would like to opt out of other Greek Deli Adelaide brands, please follow the opt out facilities in their communications or other opt out options set out in their terms and conditions.
5. Placing an Order for Products
5.1. You may order Products by selecting and submitting your Order through the Site in accordance with these terms and conditions.
5.2. 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.
5.3. 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.
5.4. You agree to provide us with current, complete and accurate details when asked to do so by the Site.
6. Acceptance or rejection of an Order
6.1. We reserve the right to accept or reject your Order for any reason, including if the requested Product is not available, if there is an error in the price or the product description posted on the Site or an error in your Order.
6.2. Each Order placed for Products through the Site 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.
6.3. 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.
9. Minimum and maximum amounts in each Order
9.1. Unless otherwise indicated on the Site:
(a) you may only obtain up to 20 items of a particular Product in each Order (there may be lower limits for particular Products or particular States or Territories as determined by us, and notified to you, from time to time). We will inform you of these limits on the Site when you place the Order or within a reasonable time after you submit your Order); and
(b) the minimum purchase amount for each Pick up Order is $50.00 and for each Delivery Grocery Order is $90.00 excluding the Delivery Fee, Bag Fee and any Crate Service Fee.
9.2. You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, then we may contact you when you place the Order or within a reasonable time after you submit your Order.
9.3. If you wish to place an Order that differs from our ordering requirements, then you will need to contact our Customer Service during Contact Hours. If we agree to an Order that differs from our usual requirements, then you agree that the delivery time may be longer than our usual delivery times for standard orders. In this regard, we recommend that you allow at least 3 days between ordering and delivery or such other time that we notify you of at the time we accept your Order.
9.4. If we reasonably believe you are placing multiple orders, whether under the same or different registration details, for the purposes of circumventing the order limits, all such Orders may be cancelled by us without notice to you.
10. Delivery of Products
10.1. We will only deliver Products ordered through the Site to a location where we provide delivery services. You may receive multiple deliveries for your Order and these are described at the point of checkout. We or our delivery company may need to contact you to arrange a delivery date .
10.2.
10.3. You may obtain further information on the Site about our delivery timeframes and how we deliver your Products. At the time you select your Products you will be given an option to select a timeframe for delivery. Although we endeavour to deliver the Products within the timeframe provided at the time of your Order these timeframes are indicative only. Delivery times may be delayed due to traffic or other unforeseen circumstances and Greek Deli Adelaide will not provide any refund or discount on your Order or Delivery Fee for late deliveries.
10.4. If you select the “leave unattended” option for your Order, we will endeavour to contact you at the Delivery Address or on your nominated telephone number once we arrive at the Delivery Address. If we cannot contact you, we will leave your order unattended at your nominated spot at the Delivery Address or such other spot which we determine is suitable for delivery at the time.
10.5. If you are present at the Delivery Address, we will deliver the Products to the front door at the relevant Delivery Address unless you ask us to deliver inside a premise or building at the Delivery Address and we agree to do so. You agree that we will not be responsible for any loss or damage caused to your property or suffered by you in connection with our delivery of the Products to the Delivery Address.
10.6. You agree to comply with certain delivery requirements specified below and such other requirements that we notify to you when you place your Order through the Site.
12. Greek Deli Adelaide Pick Up Service
12.1. Pick up is only available from selected stores as shown on the Site. During the ordering process, you need to select a store from which you will collect the order. An estimated collection date will be displayed at the time your order is placed.
12.2
(a) photographic identification and a signature must be provided when you collect your Order; and
(b) the card used for payment is required to be shown when you collect your Order.
12.5 If you will not be the person collecting your Order then your representative must provide us with proof of their identity (including photographic identification), the card used for payment or the order number, and, where relevant, their age.
12.6 If you do not supply the appropriate identification or the relevant card of purchase:
(a) we will not allow collection of your Order; and
(b) we may charge you a fee of up to $25 and the charges for any perishable Products in your Order that we have accepted.
12.7 If you do not collect your Order within the booked collection window then we may charge you a fee of up to $25 and the charges for any perishable Products in your Order that we have accepted. In this instance, we will endeavour to contact you or you may contact us to arrange for collection at a different time, and we may charge you an additional fee for that replacement Order.
14. Fraud and risk assessment
14.1. We have processes in place to assist in detecting transactions that may be illegal or in breach of these terms. We may contact you by telephone or email to confirm your payment and information details. If we are unable to confirm these details, we may cancel your Order. If you are unsure whether the person contacting you is from Greek Deli Adelaide, please contact our Customer Service Centre.
15. Risk and title
15.1. Where Products are delivered by us, risk in the Products passes to you on the date and time of delivery to the Delivery Address (including unattended deliveries at the Delivery Address).
For Pick up Orders, risk in the Products passes to you on the date and time of collection from a Greek Deli Adelaide store or Drive Thru Location.
Title to the Products passes to you on the later of the date and time of:
(a) payment for those Products;
(b) delivery of those Products to the Delivery Address (including unattended deliveries at the Delivery Address); and
(c) for Pick up Grocery Orders only, collection of those Products from a Greek Food Adelaide store or Drive Thru Location.
16. Cancelling an Order
16.1. We may cancel any Order or part of an Order (including any Orders that we have accepted) without any liability to you for that cancellation at any time if:
(a) the requested Products in that Order are not available; or
(b) there is an error in the price or the product description posted on the Site in relation to the relevant Product in that Order; or
(c) that Order has been placed in breach of these terms and conditions.
16.2. If we cancel an Order in accordance with:
(a) clause 16.1(a) or 16.1(b) (where product is unavailable or there is a pricing or product description error): we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled Order. If any payment has been taken for the cancelled Order, then the full payment amount, including any Delivery Fee, Bag Fee, Crate Service Fee or other fees and charges, will be refunded to your original payment method or through an alternative means.
(b) if your Order is cancelled under clause 16.1(c), or where you are in breach of these terms and conditions, we will provide you with reasonable notice of that cancellation. If your Order is cancelled before the day of delivery or collection, depending on the payment method used, we will either not charge you, or if we have taken payment for the Order at the checkout then we will refund the full amount paid, including any Delivery Fee, Bag Fee, Crate Service Fee, and other fees and charges, to your original payment method or through an alternative means. If your Order is cancelled on the day of delivery or collection, provided we are not also in breach of these terms and conditions, then we may charge you a cancellation fee of the lesser of $20 or the value of the payments made and will refund you any excess amount to your original payment method or through an alternative means.
16.3
16.5. Due to the fast nature of Delivery Orders, you cannot cancel an Delivery Order (whether it is accepted by us or not) at any time after placing the order and we will not be able to refund any payment.
17. Fees and charges
17.1. We will charge you, and you agree to pay, the following fees and charges in relation to an Order that we accept (as applicable):
(a) the purchase price of each Product that is ordered;
(b) the delivery fee provided to you at the time you selected the relevant delivery window when placing your Order or the delivery fee shown on the site and displayed when you place your Order using our Delivery service (“Delivery Fee”);
(c) any other fees and charges set out in these terms and conditions.
17.2. All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable.
17.3. The purchase price of each Product is shown on the product list on the Site at the time you place your Order. The purchase price of a Product on the Site may not be the same or correspond to the prices in any of our shops for the same Product.
17.4
17.5. You acknowledge that:
(a) we are not required or obliged to match any prices for any Products, including matching any prices for a Product that is available through the Site at our shop or vice versa; and
(b) all pricing displayed on the Site may differ depending on the postcode you have selected (for example, the price for a Product in Sydney may differ to the price for that same Product in Melbourne).
17.6. Just like in our shops, prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your Order, we will not change any prices that apply to the Products in that Order.
18. Payment methods
18.1. You must pay the fees and charges online using the online payment methods in clause 18.2.
18.2. We accept the following credit cards:
(i) Visa and Visa Debit;
(ii) MasterCard and MasterCard Debit;
(iii) PayPal
18.3. If we are unable to successfully process your payment for your Order that is accepted by us, then we may notify you of dishonour and cancel your Order.
18.4. For some payment methods (including debit and credit cards) we may pre-authorise the amount payable for your Order and only charge you the full amount adjusted to account for any out of stock items or weight ranged products supplied below the maximum weight at the time we pick your Order.
You authorise Greek Deli Adelaide to pre-authorise and/or debit the amount that is payable for an accepted Order from your nominated credit card to pay for the fees and charges.
18.5. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
18.6. For Grocery Orders only, we will provide you with a receipt at time of delivery or collection (as applicable) which specifies the total fees and charges for the Products in the Order and the out of stock items. Where we have charged you for the Order at the time your Order was confirmed, the receipt will also include the dollar value refunded to your card of purchase for any out of stock items or weight ranged items supplied below the maximum weight.
19. Substitution or missing items in delivery
19.1. You acknowledge that a Product that you order may be out of stock or temporarily unavailable. If this happens, then we will not be able to provide you with that Product.
19.2. if you select the substitute option for some or all of your Products in an Order, then we will endeavour to provide you with a substitute Product:
(a) when the Product you have selected is not available; or
(b) if we are not able to supply to you the Product that you have selected.
We aim to select substitute Products that are of similar value and quality, but (subject to clause 19.5) we reserve the right not to provide you with a substitute Product even if a suitable substitute Product is available.
22. Your general obligations
You:
(a) must ensure that your LoginID and password that is used to access the Site and the details of your account are kept in a safe and secure manner;
(b) must notify us through Customer Service during Contact Hours if you are or become aware that there is or has been an unauthorised use of your LoginID and password or account, or any other security breach relating to your account;
(c) must promptly advise us of any changes to your information provided to us as part of the customer registration process;
(d) must provide us with your date of birth to place an Order for a Restricted Product (for example, a Product that contains liquor, alcohol or tobacco) or where a relevant law requires us to obtain or verify your date of birth before we agree to supply that Product to you;
(e) are responsible for any costs associated with your access to or use of the Site, including Internet access fees;
(f) are responsible and liable for any person that uses your LoginID and password to order Product(s) through the Site;
(g) agree that we may charge you for all Products that we agree to supply to you that have been ordered using your LoginID and password through the Site; and
(h) should check the labels on the Products before consumption or use.
23. General restrictions
You must not:
(a) use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
(b) use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
(c) make fraudulent or speculative enquiries, purchases or requests through the Site;
(d) use another person’s details without their permission or impersonate another person when using the Site;
(e) post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
(f) tamper with or hinder the operation of the Site;
(g) knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
(h) use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
(i) modify, adapt, translate or reverse engineer any portion of the Site;
(j) remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
(k) reformat or frame any portion of the web pages that are part of the Site;
(l) create accounts by automated means or under false or fraudulent pretences;
(m) use the Site to violate the security of any computer or other network or engage in illegal conduct;
(n) take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
(o) use the Site other than in accordance with these terms and conditions; or
(p) attempt any of the above acts or engage or permit another person to do any of the above acts.
24. Suspension of account
24.1. We reserve the right to refuse service, terminate accounts and/or remove or edit content if we, acting reasonably, deem that you have acted in breach of these terms and conditions or have used the Site in a fraudulent or improper manner. Greek Deli Adelaide also reserves the right to otherwise cancel Orders in accordance with clause 16.
24.2. If we lock, suspend or delete your account under clause 24.1, then we will refund all credits that you are entitled to receive under these terms and conditions by direct deposit to your nominated account once we have conducted all our verification and other relevant checks.
25. Warranties
You warrant that:
(a) all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
(b) the person receiving the Products at the Delivery Address or collecting the Products on your behalf is authorised by you to do so; and
(c) you have and will comply with all relevant laws relating to your use of the Site and your placement of any Order to us.
27. Termination
27.1. We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:
(a) the breach cannot be remedied;
(b) you fail to the remedy the breach within 10 days of our notice to you of that breach; or
(c) if there is an emergency.
27.2. You may stop using the Site at any time and for any reason.
27.3. We may stop making the Site (or any part of it) available without prior notice. If so, any Orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.
28. Intellectual property rights
28.1. You:
(a) acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the “Materials”) are owned by or licensed to us;
(b) must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
(c) must not frame or embed in another website any of the material appearing on this Site without our prior written consent.
28.2. You may:
(a) store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and
(b) print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.
28.3. This Site contains registered trade marks and other trade marks which are protected by law. You must not use any of the marks or trade marks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.
29. Changes to these terms and conditions
28.1. We may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. For future orders, these terms may therefore be different. We recommend that you read these terms carefully each time you agree to them during the ordering process.
28.2. If you have an Order that has been accepted by us, the terms and conditions that will apply to the Order are the terms and conditions that applied at the time you placed your Order.
30. General
30.1. The Site may contain links to external websites that are not operated by us or our related bodies corporate.
These links are provided for your convenience only and you agree that:
(a) we make no representations or warranties, or have any responsibility or liability for those websites; and
(b) these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.
You agree that you access and use the products and services made available at those sites solely at your own risk.
30.4. Greek Deli Adelaide attempts to be as accurate as possible and uses its best endeavours to ensure, but does not itself warrant, that any information provided by its suppliers, including in relation to product descriptions or other content of this site, is accurate, complete, reliable, current or error-free.