In these terms:
Banjo’s or Banjo’s Bakery Café refers to the entities being either owned by Banjo’s Corporation Pty Ltd (ABN 84 086 167 133) in its capacity as the Franchisor or by its Franchisees.
Contact Hours means Monday to Friday, from 8 am to 4 pm. Customer Service is available during Contact Hours by calling 03 6210 5000 or emailing email@example.com
Delivery Address means the address specified by the customer during the customer registration process for the delivery of Products.
Delivery Fee means the flat rate fee of $10 that is charged per order, per delivery.
Delivery Zone means the area within a radius of a store of which the Product can be delivered as indicated by the ordering website.
GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).
Product means a consumable good or service offered through the Banjo’s Catering Website.
Registration Process means the stage of the ordering process where the customer is asked to provide their personal information, to be saved and used at a later date if another order is placed.
Successful Order means an order that has been placed through the site and received by the Store.
The Cut Off Time means 4 pm, one day prior to the delivery or pick up date of an order.
The Materials refers to the copyright in the Site, the software, design, text, and graphics comprised in the Site, the selection, and layout of the Site and all content and materials.
The Store means the specific Banjo’s Store that the order will be prepared and picked up or delivered from.
Banjo’s may change these Terms and Conditions at any time and such modifications will be effective as soon as they are published. By continuing to use the Site, the customer agrees to be bound by the changes to these Terms and Conditions. If the customer has an order that has been accepted, the Terms and Conditions that will apply to the order, are the Terms and Conditions that applied at the time the order was placed.
- The Banjo’s Bakery Café Catering website at https://orders.banjos.com.au/inventory/category:1/ (the “Site”) is a website where a customer can browse, select and order platters and cold drinks that are advertised on the Banjo’s website and have them available for pick up or delivery at a specific date and time from a Banjo’s store.
- Acceptance of these terms is indicated by the processing of a successful order through the Site.
- Customers under 18 years of age must obtain a parent or guardian’s consent before accessing and using the Site.
- Access to and use of the Site, including, but not limited to, the ordering of Products, is subject to these Terms and Conditions.
- It is highly recommended that a customer completes the Registration Process through the Site before placing an order for Products as this allows the customer to return to their order, create a new one and/or edit any information as required.
- A customer may not have more than one active catering account.
- Catering accounts are non-transferable.
- Accounts can be updated, edited or terminated at any time through the Site.
- If a workplace email address is used to create a customer account, then the individual customer who is registering with this email is solely responsible for ensuring that they comply with the rules, policies or protocols that apply to the use of their work email address and workplace facilities via a third party ordering system.
- Banjo’s is not liable for any damages caused by a customer using their work email address on their customer
- Placing an order for Products
- A customer may order Products by selecting and submitting the order through the Site in accordance with these Terms and Conditions.
- Orders must be placed by 4pm, at the latest, one day prior to delivery or pick up date (The Cut Off Time).
- If an urgent order needs to be placed but is outside of the eligible timeframe, the customer must call the Store directly and request an order as the online system will not allow an order to be processed past the cut off time.
- The Store may reasonably refuse a last-minute order at the managers discretion based on product availability.
- Any order placed through this Site for a Product is accepted to be an offer by the customer to purchase the particular Product for the price notified by the Site (including, but not limited to, delivery, other charges and applicable taxes) at the time the order is placed.
- Banjo’s reserves the right to request additional information or request the customer to confirm their details to assist the Store in processing any orders placed through the Site.
- The customer agrees to provide Banjo’s with current, complete and accurate information in the requested fields when asked to do so by the Site.
- Banjo’s Redcliffe will not accept orders for delivery on Saturdays or Sundays.
- Acceptance or rejection of an order
- Banjo’s reserves the right to accept or reject any order for any reason, including but not limited to;
- 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 an order; or
- if there have been any unreasonable requests made.
- Each order placed for Products through the Site that is accepted results in a separate binding agreement between the customer, Banjo’s and the Store for the supply and/or delivery of those Products.
- For each order accepted by the Store, they will manufacture and supply the requested Products to the customer in accordance with these Terms and Conditions.
- If an order is rejected, Banjo’s or the Store will endeavor to notify the customer at the time the order is placed or within a reasonable timeframe after the order is submitted.
- Minimum and maximum orders
- Unless otherwise indicated on the Site:
- There are no maximum quantity limits per order, however, the Store will contact the customer if an order of 20+ Platter boxes is placed and there is a concern that it may not be possible for the Store to supply this amount of product.
- There is no minimum spend to order.
- Any items purchased must not be resold in individual or bulk resales to third parties or for trade purposes.
- If an order has specific requirements that are unusual and the specifications are not available from the Site, then the customer must contact Customer Service during Contact Hours or the Store to enquire as to the plausibility of obtaining these requirements.
- If the Store or Customer Service agrees to an order that differs from the usual requirements, the customer acknowledges that the manufacturing and supply/delivery time may be longer than standard orders.
- Delivery of Products
- Delivery is only available at certain stores. Stores that do provide the delivery service will be brought to the attention of the customer during the ordering process.
- The Store will only deliver Products ordered through the Site to a location within the Delivery Zone.
- During the ordering process, a date and time window must be selected for the Store to deliver the order.
- A flat rate delivery fee for $10 will be charge to all orders placed on the Site for delivery. If the delivery location is within walking distance from the customers preferred store, the customer can contact the Store directly to discuss the possibility of a waiver of the delivery fee.
- Refunds or credits may not be issued for late or incorrect orders when the customer is at fault in any circumstance - each request however will be reviewed on a case by case basis.
- The Store will aim to deliver during the window that has been selected, however, if an event occurs that is beyond the reasonable control of the Store, the Store or Banjo’s will not be liable for any such delay. In this instance, the Store will endeavour to provide the customer with notice of a delay as soon as reasonably possible.
- The Store representative will deliver the Product to the front door of the relevant Delivery Address.
- The customer agrees to be liable for any loss or damage suffered by the store representative in connection with the representative delivering the order beyond the front door of the Delivery Address. The store representative reserves the right to decline to enter the premises at its direction.
- The customer agrees to comply with the delivery requirements specified in these Terms and Conditions and any other requirements that the Store may notify the customer of when an order is placed through the Site.
- The customer or authorised representative of the customer must be present to accept the order and at the request of the Store Representative, provide them with photo identification before the transfer of product is complete.
- If the customer or the authorised person is not present at the Delivery Address to receive the order, the Store Representative will return the products back to The Store.
- In this instance, the Store endeavour to contact the customer, however, if the customer cannot be reached then the customer must contact the Store to arrange for delivery at a different time.
- For any re-delivered orders, the Store will charge a re-delivery fee equal to the initial delivery fee and for the loss or wastage of any perishable Products in the order.
Alternatively, the customer may arrange to collect their order from the Store directly, in which case no re-delivery fee will apply.
- The customer may change the delivery time or date by contacting Customer Service during Contact Hours. If the delivery is changed at least 48 hours before the original day of supply/delivery, no fees or charges will apply to that change.
- The Store reserves its right to accept or reject any changes depending on how much notice was provided when making the change.
- Risk and title
- Risk in the Products passes to the customer on the date and time of delivery to the Delivery Address.
- Title to the Products passes to the customer on the later of the date and time of the delivery of those Products to the Delivery
- Cancelling an order
- The Store may cancel any part of an order (including any orders that have been accepted) without any liability for that cancellation at any time if:
- the requested Products in that order were not available; or
- 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
- the order that has been placed is in breach of these Terms and Conditions.
- If the order is cancelled, the Store will endeavour to provide the customer with reasonable notice of that cancellation, and will not charge the customer for the cancelled order if it is cancelled before the delivery date or if the customer is not at fault or in breach of these terms and conditions.
- The customer may cancel an order by:
- Phoning the Store directly and discussing the cancellation with the Manager in charge.
- Emailing firstname.lastname@example.org. Order cancellation will be confirmed once the customer receives a reply email from Banjo’s Head Office.
- Phoning Banjo’s Head Office on 03 6210 5000 during Contact Hours
- If the order is cancelled 24 hours before the day of delivery, then no fees or charges will apply to the cancellation.
- If the order is cancelled on the day of delivery, then the Store may charge a cancellation fee or refuse to refund the order.
- Fees and charges
- The Store/ Banjo’s will charge the customer the following fees and charges in relation to an order that is accepted (as applicable):
- The purchase price of each Product that is ordered;
- A flat rate, $10 delivery fee (“Delivery Fee”); and
- The cancellation fee for an order that is cancelled as set out in clause 10.5; and
- Any other fees and charges set out in these Terms and Conditions.
- The customer signifies their agreeance to these charges by completing a Successful Order through the Site.
- All fees and charges identified in these Terms and Conditions and all prices for Products or services include GST where applicable.
- The purchase price of each Product is shown on the product list on the Site during the ordering process.
- Prices for Products and/or services may vary over time. Banjo’s will not provide advance notice of price changes however, once a Successful Order has been placed, the price is set and will not change (except if the customer makes variations to the order after the fact, then additional charges will be as per these Terms and Conditions.
- If a Product is not available and the Store has not provided a substitute product; or if an order is cancelled as per the conditions in Clause 10; then Banjo’s will credit the customer’s account within 3-5 business days to the value of the Products that were not supplied. If the customer chooses to pick up and pay for an order in person at the Store, the Store will credit any amount owing at the time of payment.
- Payment methods
- The customer must pay the fees and charges for online orders using the online payment methods in clause 12.2 and 12.3.
- The Site accepts all Visa, Visa Debit, MasterCard and MasterCard Debit cards as valid methods of payment;
- The site will also accept payment via PayPal as per PayPal’s Terms & Conditions https://www.paypal.com/au/webapps/mpp/ua/useragreement-full?locale.x=en_AU
- If the customer wants to pay using cash, then they must place an order either in-store or over the phone. If an order is placed over the phone, cash payment is only available for orders collected in store.
- Orders for delivery that have been made over the phone must be paid with a credit card over the phone prior to delivery. Please note that some stores are unable to complete credit card payments over the phone due to EFTPOS limitations. The Store will notify the customer if this is the case.
- Payment by cheque or cash on delivery is not accepted under any circumstances.
- If the Store is unable to successfully process a credit card payment for an order, then they will attempt to contact the customer and if unable to, will cancel the order.
- The customer authorises Banjo’s Corporation Pty Ltd to debit the amount that is payable for an accepted order from the nominated credit card or PayPal account to pay for the fees and charges set out in these Terms and Conditions.
- The customer must not pay, or attempt to pay, for products through any fraudulent or unlawful means.
- A receipt/invoice will be provided via email after a Successful order is placed. The receipt/invoice will specify the total fees and charges for the Products in the order. Banjo’s web catering account holders can also view all order invoices by logging into their account on the
- Substitution, adding products or missing items in delivery
- The customer acknowledges that a Product that is ordered may be out of stock or temporarily unavailable at the time of ordering. If this occurs, then the Store may be able to provide a substitute option or refund the cost of that product as per clause 11.5.
- If the customer selects a substitute for some or all of the Products in an order, then the Store will endeavour to meet this request.
- The Store aims to select substitute Products that are of similar value and quality but reserves the right not to provide the customer with a substitute Product even if a suitable substitute Product is available.
- The Store will provide the customer with an option to obtain a substitute Product for most Products, however, some Products such as gluten free products or other special dietary products are not able to be substituted.
- If the customer chooses to substitute a product in their order, the Store will endeavour to provide them with a substitute Product that is of equal or greater value than the product that was originally selected. In this case, the Store will only charge the customer the price of the Product that was originally ordered.
- If the value of a substitute product is of lesser value than the original product selected, the Store will credit the customer’s account within 3-5 business days with the difference. This balance can then be applied to the customer’s next purchase.
- If the customer has requested an order over the phone to pick up an order and pay in person at the Store, the Store will credit any amount owing due to a Product substitution to the current outstanding balance at the time of payment.
- If there are items missing from an order, the customer must first check their receipt to determine if the missing Product is marked as out of stock. If so, the Store will credit the customer’s account within 3-5 business days to the value of the Products that were not supplied or substituted. This balance can then be applied to the customer’s next purchase.
- In all other circumstances, the customer may contact Customer Service during Contact Hours within 24 hours of the delivery time and Banjo’s will take steps to verify and confirm missing products. Once Banjo’s is reasonably satisfied that the item was not delivered, then it will (at the customers preference):
- credit the customer’s account within 3-5 business days to the value of the Products that were not supplied; or
- arrange for a re-delivery of the missing products at an agreed time. (A delivery fee may apply to re-delivery as per Clause 8.7.) – Alternatively, the customer may organise to pick up their missing products in store.
- If at any time the customer requests products to be added to an order, they must phone or visit the Store to arrange this. Payment for additional products will need to be made in store or over the phone. PayPal payments are not available when ordering additional items to be added to an existing order. The Store reserves the right to reasonably refuse any additions to an order.
- Requests for additional products may be considered up until 4 pm, the day before delivery. After this point, the Store may reasonably refuse any requests for additional product due to product availability or any other factoring circumstance.
- If a product is not satisfactory because it is defective, unsafe or does not meet health and safety guidelines then the customer should:
- Return the Product to the Store for a full refund of the individual item; or
Contact Customer Service by telephone within 8 hours of the delivery time to make arrangements to return that Product. The customer must provide the Store with the invoice that was issued for the order to make a claim under this clause. If the customer cannot present a receipt, Banjo’s reserves it’s right to deny the
- Customer’s general obligations:
The customer agrees:
- To ensure that the password that is used to access the Site and the details of the account are kept in a safe and secure manner. This includes ensuring that others are unable to access a customer’s Facebook or Twitter accounts if accessing the Site via Facebook or
- To notify Banjo’s by contacting Customer Service or emailing email@example.com if the customer is aware or becomes aware that there is or has been an unauthorised use of a password or account, or any other security breach relating to the
- To promptly advise Banjo’s of any changes to personal information that has been provided as a part of the customer registration
- To be solely responsible for any costs associated with access to or use of the Site, including Internet access fees or credit card
- That they are responsible and liable for any person that uses their account and password to order Products through the Site, including via Facebook or
- That Banjo’s will charge for all Products that have been agreed to be supplied that have been ordered using a customer account and password through the Site;
- To check the labels on the Products before consumption or use as Banjo’s takes no responsibility for the result of any medical incidents due to products being consumed that have clearly labelled allergens in the ingredients
The customer must not:
- 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;
- 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;
- Make fraudulent or speculative enquiries, purchases or requests through the Site;
- Use another person’s details without their permission or impersonate another person when using the Site;
- Post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
- Tamper with or hinder the operation of the Site;
- knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
- Use any robot, spider, site search and/or retrieval application or other mechanism to retrieve or index any portion of the Site;
- Modify, adapt, translate or reverse engineer any portion of the Site;
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
- Reformat or frame any portion of the web pages that are part of the Site;
- Create accounts by automated means or under false or fraudulent pretences;
- Use the Site to violate the security of any computer or other network or engage in illegal conduct;
- Take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
- Use the Site other than in accordance with these terms and conditions; or
- Attempt any of the above acts or engage or permit another person to do any of the above
- Suspension of account
- Banjo’s may:
- lock, suspend or delete an account or access to the Site at any time without prior notice to the customer; or
- Cease providing the Site or any other product or service that may be available through the Site at any time.
- If Banjo’s locks, suspends or deletes a customer account under clause 17.1(a), then all credits on the account will be refunded by direct deposit to a customer nominated bank account.
- Transfer will occur after Banjo’s has conducted all reasonable verification and Identity checks to ensure the refund is going to the correct customer.
- A bank account that is provided must be in the name of the customer or business that holds the Banjo’s account for amounts to be refunded.
- The customer warrants that:
- All information and data provided through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
- Any person receiving the Products at the Delivery Address is authorised by the customer to do so; and
- They will comply with all relevant laws relating to the use of the Site and placement of any
- Subject to clause 19.4, Banjo’s excludes all implied terms and warranties whether statutory or otherwise, relating to the Site or the subject matter of this
- The customer acknowledges that the Site is provided “as is” and that Banjo’s does not make any warranty or representation as to the suitability of the Site or a Product for any purpose.
- Subject to clause 19.4, Banjo’s will not be liable for indirect and/or consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this agreement.
- Where any law implies in this agreement any term, and that law voids or prohibits
provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, Banjo’s liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at Banjo’s option):
- in the case of services: the resupply of the services; or the payment of the cost of resupply;
- in the case of goods: the replacement of the goods or the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.
- Banjo’s liability to the customer for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it, is reduced to the extent (if any) that the customer causes or contributes to the loss or damage. This reduction applies whether Banjo’s liability is in contract, tort (including negligence), under any statute or otherwise.
- Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by
- Banjo’s may terminate this agreement for convenience at any time on notice to the Customer. Without qualifying the foregoing, Banjo’s may immediately suspend, terminate or limit access to and use of the Site and (where relevant) a customer’s account if they breach these Terms and Conditions and:
- The breach cannot be remedied; or
- The customer fails to the remedy the breach within 10 days of notice to the customer of that breach; or
- If there is an emergency.
- The customer may stop using the Site at any time and for any reason.
- Banjo’s may stop making the Site (or any part of it) available without prior notice. If so, any orders that have been accepted will not be affected by this unless the Products that have been ordered are no longer available or the Store is prevented from supplying the Products, in which case, the customer will be notified and valid payments will be returned in accordance with these Terms and
- Intellectual property rights
- The customer:
- Acknowledges 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 Banjo’s;
- 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 of Banjo’s; and
- Must not frame or embed in another website any of the material appearing on this Site without our prior written consent.
- The customer may:
- Store a reproduction of the content on the Site on a local computer for the sole purpose of viewing the content and Materials;
- 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.
- The Site contains registered trademarks and other trademarks which are protected by law. The customer must not use any of the marks or trademarks appearing on the Site or Banjo’s business name, entity name or the names of our related bodies corporate without our prior written consent. The customer must not use any of the other company, product and services marks on the Site that are owned by other third parties (including Banjo’s suppliers) without obtaining the relevant third-party owner’s
- Changes to these Terms and Conditions
- The Site may contain links to external websites that are not operated by Banjo’s or our related bodies corporate. These links are provided for convenience only and the customer agrees that:
- Banjo’s makes no representations or warranties, and has no responsibility or liability in relation to those websites; and
- these links do not indicate, expressly or impliedly, that Banjo’s endorses the site or the products or services that are provided at those sites.
- Access and use of the products and/or services made available at those sites is solely at their own risk.
- If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.