TERMS
Terms & Conditions
These terms and conditions ("Terms") apply to Your use of the Site, including the placement by You of any Order. By using the Site and placing an Order, You agree to be bound by and will comply with these Terms.
We may amend these Terms periodically. Any use of this Site by You after an updated version of the Terms has been made available indicates Your acceptance of the Terms as updated.
Our Privacy Policy also applies to Your use of the Site and Orders placed by You and is accessible at https://www.lennybriskets.com.au/privacy ("Privacy Policy").
DEFINITIONS
In these Terms: "Australian Consumer Law" means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (as amended from time to time).
"Business Day" means a day which is not a Saturday, Sunday or bank or public holiday in Sydney, New South Wales
"Content" means all content and material available on the Site, including Our Intellectual Property.
"Intellectual Property Rights" means all current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trade marks, trade secrets, know-how, confidential information, patents, invention and discoveries and all other intellectual property.
"Kitchen" means 3/274 Victoria St Darlinghurst, 2010.
"Order" means any order(s) for Products made by You through the Site.
"Our Intellectual Property" means all Intellectual Property Rights owned by Lenny Briskets.
"Product" means any product advertised for sale on the Site.
"Site" means the website with URL www.lennybriskets.com.au.
"Lenny Briskets", "We" or "Us" mean Lenny Briskets Pty. Ltd. (ABN 500 256 435 26).
"You" and "Your" mean the person or entity using the Site for any purpose.
In these Terms, unless the context requires otherwise, the singular includes the plural and the plural includes the singular.
DISCLAIMER OF LIABILITY
Use of this Site and its Content by You is at Your own risk.
Lenny Briskets will use its best efforts to ensure that the Content provided on the Site is up to date. However, Lenny Briskets does not warrant or represent that the Content and material displayed on the Site is free from human or mechanical error, technical inaccuracies or other typographical errors or defects.
You acknowledge that all Products listed on the Site are described by Lenny Briskets to the best of its ability. All care is taken to ensure that all Product information is correct, but Lenny Briskets cannot eliminate the possibility of error.
To the extent permitted by law, Lenny Briskets accept no responsibility for the Content (including advertising material) posted to the Site by third parties, including (without limitation), any error, omission or inaccuracy.
Lenny Briskets reserve the right to vary, modify, change or discontinue any feature or part of this Site and the hours of availability, without notice and without liability.
INTELLECTUAL PROPERTY
You acknowledge that this Site and all Content which exists in connection with this Site:
(a) belongs exclusively to Lenny Briskets or its licensors, unless otherwise expressly stated; and
(b) is protected by copyright, trade mark or other intellectual property rights and laws.
Commercial use of this Site and any of its Content is completely prohibited. You can download, print and retain a copy of Content from the Site solely for Your personal, non-commercial use, provided that the copy is unaltered and retains all proprietary notices originally displayed on the Site.
You must not otherwise use, reproduce, modify, distribute, publish, store, transmit, commercially exploit, modify or create any derivative works from any Content in whole or in part or permit or assist any other person to do so.
ACCESSING EXTERNAL WEBSITES
The Site may contain links to other websites operated by third parties which are not under the control of Lenny Briskets. Lenny Briskets provide these links for information only and accept no responsibility for any of those included websites or the content and material contained on the linked websites.
YOUR CONDUCT
When using the Site You must not post or transmit any information or material that is discriminatory, defamatory, obscene or is otherwise unlawful or infringes or violates the rights of Lenny Briskets or third parties.
CUSTOMER ACCOUNT
If You register for a customer account on the Site, You will be required to provide certain information which may include Personal Information as defined in the Privacy Act 1998 (Cth) (as amended from time to time). Lenny Briskets is committed to ensuring that this information and Your privacy is protected. For further information please see the Privacy Policy.
Access to Your customer account on the Site is via Your email and password. You are responsible for keeping Your password safe and not disclosing it to anyone else.
Any registration details You use must be personal to You and must not be used by anyone else. You are responsible for any use of Your email and password and keeping the details up to date.
You must not maliciously create additional customer accounts on the Site.
If, for any reason, Lenny Briskets believes on reasonable grounds that You have not complied with these Terms, or that You are misusing Your customer account in any way, Lenny Briskets may, at its discretion, cancel, suspend or otherwise restrict Your access to Your customer account immediately and without giving any advance notice.
ORDERS
These Terms, and an Order which is placed pursuant to these Terms, will form the entire agreement between You and Lenny Briskets in relation to its subject matter. In the event of any inconsistency between the Terms and an Order, these Terms will prevail.
Once Your Order is placed, Lenny Briskets will accept the Order as final and changes or cancellations cannot be made to the Order.
Should a Product not be available at the time of placing Your Order, Lenny Briskets reserve the right to contact You and advise You of Your options.
If any Product Ordered by You is not in stock at the time of delivery to You, Lenny Briskets will contact You to make alternate arrangements (suitable to You) or refund You the price of the Product that is unavailable.
Lenny Briskets may at its absolute discretion, replace any Product with a similar alternative.
PRICING
The prices quoted on the Site are current, however they may vary from time to time as determined by Lenny Briskets.
DELIVERY
Lenny Briskets is able to deliver to most areas in Sydney. For any areas in Sydney that Lenny Briskets does not deliver to, Lenny Briskets will use a third party courier. Lenny Briskets does not deliver food items outside Sydney unless specifically arranged with Lenny Briskets. For delivery, there is a minimum order of $45.00 (depending on Your nominated delivery address) or such other amount determined by Lenny Briskets from time to time.
Lenny Briskets will reasonably endeavour to deliver Your Order to Your nominated delivery address within the time period and date that You select at the time of placing Your Order. You may contact us at terms@lennybriskets.com.au to obtain an estimated time of delivery. If You have not received Your Order after this period, please email Lenny Briskets at terms@lennybriskets.com.au.
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Lenny Briskets may change your time of delivery if they deem it appropriate or circumstances dictate it.
If Your nominated delivery address is an apartment, unit or such other secured building ("Secured Building"), You must provide us by completing the relevant details in the relevant field under "Delivery instructions" at the time of placing Your Order, the access code, instructions or such other means to enter the Secured Building. Unless You provide Lenny Briskets with further instructions in the relevant field under "Delivery instructions" at the time of placing Your Order, Lenny Briskets will leave Your Order on Your door step.
Delivery fees (as applicable) will be calculated by Lenny Briskets with reference to Your nominated Delivery Address and charged to You at the time of placing Your Order.
Alternatively, Lenny Briskets allows for pick-up of Orders from the Kitchen. Orders will be available to pick-up from the Kitchen at the time period and on the date selected at the time of placing Your Orders or such other date and time as agreed by You and Lenny Briskets. Any Orders that are not picked up by You will remain available for Your collection until such date the Orders is determined as perished by Lenny Briskets in its absolute discretion.
Please note that once delivery has been made You are responsible for ensuring that the Products are promptly frozen or refrigerated as appropriate. Lenny Briskets will not be responsible for loss (including theft) of delivered Products or their spoilage following delivery.
GIFT VOUCHERS AND CUSTOMER ACCOUNT CREDITS
Lenny Briskets offer Gift Vouchers for sale, which are redeemable as credit on the Site to purchase Products.
If You have purchased a Gift Voucher, Lenny Briskets will send to You the Gift Voucher by email. You must allow for 1 Business Day delivery time for the Gift Voucher from the date of payment for the Gift Voucher.
Gift Vouchers purchased from the Site are only valid and redeemable for 3 years from the date of purchase (or some other period as required by the Australian Consumer Law) and must be used within that time. A Gift Voucher that is not used or redeemed within 3 years of purchase will be invalid and Lenny Briskets will not provide a refund or extension of time to use the Gift Voucher.
Lenny Briskets may from time to time refund amounts to Your customer account which will be redeemable as credit on the Site to purchase Products (Customer Account Credit). Any credit that is added to Your customer account will only be valid and redeemable for 3 years from the date that credit is added to Your customer account and must be used within that time.
Any Customer Account Credit that is not used or redeemed within 12 months of it being added to Your customer account will be invalid and Lenny Briskets will not provide a refund or extension of time to use the Customer Account Credit.
PAYMENT CONDITIONS
All Orders and purchase of Gift Vouchers must be pre-paid.
All products which are liable for, include GST (goods and services tax) and are quoted in Australian dollars.
The total amount of Your Orders or Gift Vouchers is to be paid at the time of ordering.
Lenny Briskets accept all Orders and purchase of Gift Vouchers by payment with Visa, MasterCard and American Express. Credit card payments will be processed on the day Your Order is placed. Products will be forwarded to You once full payment has been cleared. If the card payment is declined by Your issuer for any reason, Lenny Briskets cannot hold Your Order.
Lenny Briskets also accepts all Orders by payment (or part payment) with Gift Vouchers.
PAYMENT SECURITY AND CREDIT CARD FRAUD
The primary goal of Lenny Briskets is to ensure that You are assured that transacting with Lenny Briskets is a secure, safe and easy procedure.
Lenny Briskets employ Square for online payment processing which includes digital certification that uses Secure Sockets Layer ("SSL") technology. They ensure the highest form of encryption possible and this protects Your details as they travel over the internet.
Square’s secure server software is the industry standard and among the best software available today for secure e-commerce transactions. It encrypts all of Your personal information, including credit card number, name and address, so that it cannot be read as the information travels over the Internet.
You should check that Your browser is compatible with SSL encryption. This is often indicated by a 'closed lock' icon at the bottom of Your screen.
Lenny Briskets will not enter into any transaction on suspicion of use of fraudulent or unauthorised credit card. This includes suspension and cancellation of the transaction and/or prevention of delivery of Orders which are the subject of a suspected illegal transaction.
For the purposes of preventing fraudulent Orders, Lenny Briskets may request additional identification information from You such as photo identification including Your current address. If so, Lenny Briskets will only use this information in accordance with our Privacy Policy.
Lenny Briskets will take reasonable action to notify relevant authorities and provide all information pertaining to the transaction to facilitate prosecution of the offender.
CONSUMER GUARANTEES, REFUNDS AND CLAIMS
Consumers have certain rights under the Australian Consumer Law and other similar state and territory legislation, including consumer guarantees, which cannot be excluded at law. Nothing in these Terms operates to exclude those statutory rights.
To the extent permitted by law, the liability of Lenny Briskets in respect to such rights is limited, at the option of Lenny Briskets, to the replacement or resupply of a Product, or payment of the cost of such replacement or resupply.
Lenny Briskets does not offer any refund or return where You simply change Your mind in respect of any purchase of a Product.
Lenny Briskets provide an undertaking to You that Products leaves Lenny Briskets premises and/or the premises of Lenny Briskets’ preferred suppliers in 100% perfect condition.
If Products are delivered and You notice any shortfall in the Products, You must report the shortfall to Lenny Briskets in writing or by email within 48 hours after receipt of the Products. We will seek to investigate the circumstances surrounding any alleged shortfall in Products.
Delivery and shipping costs are non-refundable.
Unless otherwise requested by You, refunds will be issued as a credit to Your customer account. You may request that refunds are made to the same credit card used to purchase the applicable Products.
Refunds will only be issued to the extent required by the Australian Consumer Law and the Sale of Goods Act 1923 (NSW).
Refunds and returns or replacements do not include postage and/or handling charges and all such charges are at Your expense. Where a refund is authorised, there may be a delay of up to and possibly exceeding, 28 days from the authorisation date.
PRODUCT LIFE
You can generally store non vac packed Products for 3-7 days in the refrigerator and vac packed products for several weeks to months.
WARRANTY
To the extent permitted by applicable law, Lenny Briskets are not responsible for, nor give any warranty in respect of any materials, food stuffs, drinks or other supplies which give rise to:
- any adverse affect on any person due to allergy or intolerant reaction arising from that person's consumption of any food or drink supplied by Lenny Briskets;
- any damage suffered by any person using any Products supplied by Lenny Briskets;
- any damage suffered by any person in the conduct of any activity relating to Products supplied by Lenny Briskets; and
- any loss or damage to any material and Products including food and drink agreed to be supplied by Lenny Briskets, which damage occurs in transit, during delivery or during storage of Your Order by You or in any other manner after Your Order has left the premises of Lenny Briskets.
Lenny Briskets are not liable for food perishing or other deterioration in quality caused by careless or improper handling, non-adherence to storing instructions or by other abuse or misuse caused by You or a third party.
For all assistance with returns please email Lenny Briskets at terms@lennybriskets.com.au.
DISCLAIMER
To the full extent permitted by law,
(a) Lenny Briskets does not take responsibility for direct or indirect damages and consequential losses associated with damage to Products occurring during or after delivery; and
(b) Lenny Briskets does not take responsibility for direct or indirect damages and consequential losses suffered by use of fraudulent or unauthorised credit cards.
By accepting these Terms You acknowledge that You have sufficient notice of this disclaimer and have accepted this disclaimer out of Your own free will.
GENERAL
If a provision (or part of it) is held to be unenforceable or invalid, then it must be interpreted as narrowly as necessary to allow it to be enforceable or valid.
Nothing in these Terms shall confer on any third party any benefit or the right to enforce any provisions of these Terms.
By accessing and using this Site, You agree to submit to the non-exclusive jurisdiction of the Courts of the State of New South Wales, Australia.