Terms and Conditions

This page tells the customer (you/your) the terms and conditions (Terms and Conditions) on which NextFlex Foods (we/our/us) will supply to you the products (Products) listed on our website www.nextflexfoods.com (Site). Please read these Terms and Conditions carefully before ordering any Products from the Site.

You should understand that by ordering any of our Products, you agree to be bound by these Terms and Conditions and any policies stated on the Site.

We reserve the right to amend these Terms and Conditions and any policies at any time and your use of the Site following any amendments will represent your agreement to be bound by these Terms and Conditions and policies as amended. We therefore recommend that each time you access the Site you read these Terms and Conditions and policies.

Please tick the checkbox in the shopping cart to accept these Terms and Conditions. Please understand that if you do not accept these Terms and Conditions, you will not be able to order any Products from the Site.

INFORMATION ABOUT US

We operate the Site located at www.nextflexfoods.com.

SERVICE AVAILABILITY

The Site is only intended for use by people residing in nominated areas of Australia (Service Areas). We do not accept orders from individuals outside those Service Areas. Customers must provide a valid email address and credit card for all orders accepted online. We do not accept orders by phone.

YOUR STATUS

By placing an order through our site, you warrant that:

·      you are legally capable of entering into binding contracts; and

·      you are at least 18 years old; and

·      you are resident in one of the Service Areas

HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

After completing the order process on the Site, you will receive an email from us acknowledging that we have received your order (Order). Please note that this does not mean that an Order has been accepted.

An Order will relate only to the Product or Service you have ordered or subscribed to. Each Order that we accept results in a separate binding agreement between you and us for the supply of those Products or Service. For each Order accepted by us, we will supply the Products or Service in that Order to you in accordance with these Terms and Conditions.

ACCEPTANCE OR REJECTION OF AN ORDER

We reserve the right to accept or reject an Order for any reason, including if the requested Product is not available or if there is an error in the price or the Product description posted on the Site or in an Order.

If we reject an Order, we will endeavour to notify you of that rejection at the time you place an Order or within 7 days after you submit an Order.

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, we will endeavour to contact you when you place an Order or within 7 days after you submit an Order.

If we refuse an Order on or prior to delivery but after our relevant weekly order cut-off, a full refund, less any discounts, will be made within 10 Business Days.

CHANGE OF DETAILS

Changes to address details and/or delivery instructions must be communicated via the methods and by the cut-offs outlined in these Terms and Conditions.

We are not liable for any charges you incur as a result of out of date payment information. If we incur an expense due to incorrect payment information provided by you, we reserve the right to seek reimbursement from you for such expense.

PRICE

From time to time we may need to revise the price of the Products. For any price variations in relation to the Services, we will provide notice by email no less than 14 days before the changes take effect. After such time, we will apply the revised pricing to your existing payment details. You do not need to do anything to accept the change of price. You are under no obligation to accept the price revision and may suspend or deactivate the Services before Products are delivered under the new pricing plan.

The current prices of the Products and our delivery charges will be as quoted on the Site, as updated from time to time.

Product prices and delivery charges include taxes including GST where applicable.

PAYMENT

Payment for all Products and Services must be by credit or debit card or any other payment method listed on the online checkout page of the Site.

Orders will be charged to your nominated payment method.

(a) It is your responsibility to ensure your accepted payment method details are valid and up to date. We accept Visa, MasterCard, American Express Cards and PayPal.

(b) It is your responsibility to ensure that sufficient funds are available at the time of payment processing.

Storage of Collected Information

(a) NextFlex Foods does not collect or store payment information. All payment information is collected and stored by the applicable third-party in order to be processed as required. We never permanently store complete debit/credit card details.

(b) All online debit/credit card transactions performed on this Site are through secured payment gateways.

(c) Complete debit/credit card details cannot be viewed by NextFlex Foods or any outside party.

Failed payments

(a) Payment failures may be due to insufficient funds, incorrect or outdated payment information, and transaction disputes.

(b) If we are unable to debit your payment method your Product may still be dispatched and the sale will be deemed to have occurred.

(c) In such instances NextFlex Foods will re-attempt the payment process. We reserve the right to re-attempt payment on the nominated payment method to recover any outstanding amounts.

(d) In the event that payment re-attempts are unsuccessful we reserve the right to recover the debt through alternative means, either directly or through a third-party.

(e) We reserve the right to suspend or terminate future deliveries when payments are outstanding.

Suspected fraud accounts

(a) We reserve the right to investigate all accounts where we suspect incorrect or fraudulent activity occurred.

(b) We reserve the right to terminate your order or accounts following the investigation.

OUR REFUNDS POLICY

If you have cancelled an order, we will process any refund due to you within 14 days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the Product to us.

Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. If you consider that the Product is defective or fails to comply with the Statutory Guarantees provided pursuant to the Australian Consumer Law, we will examine the received evidence of the defective Product and will notify you of the outcome via email within 14 days. If your refund is approved, we will process the refund within 14 days of the day we confirmed to you via email that you were entitled to a refund.

If you seek a refund for any other reason, you can request a refund via the contact form on our website (nextflexfoods.com/contact) and we will consider each request at our reasonable discretion. We will notify you of the outcome of your refund request via email within 14 days. If your refund is approved, we will process the refund within 14 days of the day we confirmed to you via email that you were entitled to a refund.

We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

Refunds will not be provided for if you enter an address incorrectly.

DELIVERY

We only deliver to The Gym Glenelg (Bayside Village Shopping, Centre Brighton Rd &, Jetty Rd, Glenelg SA 5045).

Orders will be ready for collection on Monday evenings from 4:30 pm.

We may require the person accepting the delivery of the Products to provide us with proof of that person’s identity (including photographic identification).

We accept no liability or responsibility for incorrectly placed Orders.

You will be responsible for an Order from the time we deliver the Products in accordance with your instructions. We accept no liability or responsibility for any Product once the Product has been delivered to you.

VOUCHERS AND GIFT CARDS

We may offer discount promotions and other types of vouchers (Voucher) which require activation by email application in order for the holder to commence delivery of Products through a Service. If paid for, the Voucher is deemed to have been sold at the time of payment for it. These Terms and Conditions will become applicable as between us and the holder of the Voucher (Holder) when the Holder redeems the Voucher by applying for a Service to commence.

A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed, resold or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval. A Voucher is only valid on the Holder’s first Product purchase. Only one Voucher is allowed to be applied per order. A Voucher may not be used in conjunction with any other offer or credit, vouchers are always applied to an order before any credits in a customers account.

We reserve the right to withdraw or cancel any Voucher (other than a paid up-front gift card) for any reason at any time.

Vouchers may only be redeemed through the Site and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these Terms and Conditions and any special conditions attached to the Voucher.

Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges (where applicable), Gourmet meals or Dinner to Lunch meals, Fruit Box or Snack Box which will be charged at normal rates.

Vouchers and Customer credits deriving from any Customer referral program are not valid if used inappropriately, such as being published on deal site, bargain sites, marketplaces (including Facebook) and paid advertising (including Google Adwords). We reserve the right to cancel any suspicious codes and delete all credits from the sharer’s account if we become aware of inappropriate use.

RISK AND TITLE

The Products will be at your risk from the time of delivery to the Delivery Address or in accordance with your delivery instructions.

Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

DISCLAIMER AND LIMITATION OF LIABILITY

The following paragraphs exclude or limit our liability for your use of the Site. They all apply so far as the law permits.

While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on the Site, that information is provided in good faith and on an “as is” and “as available” basis and we do not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information.

You acknowledge that the Products displayed on the Site are not an exact sample and are indicative only and that the Products you receive may vary from those displayed according to seasonal availability.

To the extent permitted by law, we do not represent or warrant that the Site will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system.

You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system.

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

The collection, use and disclosure of your personal information is also subject to our Privacy Policy.

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use the Site or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Site.

To the extent permitted by law:

(a) our total aggregate liability in connection with these Terms and Conditions is limited, at our option, to:

(i) In the case of the supply of Products:

(A)replacement or resupply of the Products; or

(B)the cost of replacing or resupplying the Products;

(ii) In the case of the supply of Services:

(A)supplying the relevant Services again; or

(B)the cost of supplying the relevant Services again, and;

(b) in any event, will not exceed the fees paid by you to us under the relevant Order.

To the extent permitted by law, under no circumstances will we be liable for any loss of profit, loss of revenue, loss of contract, loss of business opportunity, loss of reputation, loss of data or any indirect or consequential loss arising in connection with these Terms and Conditions or the Services.

IMPORTANT NOTICE ABOUT LINKED WEBSITES

The Site may contain links to other websites (Linked Websites). Those Linked Websites are provided for convenience only and may not remain current or be maintained.

The Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent we stipulate to the contrary.

To the extent permitted by law, we accept no responsibility or liability for, and give no warranty (express or implied) of any kind in respect of, the Linked Websites and your use of them or any products or services available on or through the Linked Websites.

TRANSFER OF RIGHTS AND OBLIGATIONS

These Terms and Conditions are binding on you and us and on our respective successors and assignees.

You may not transfer, assign, charge or otherwise dispose of your rights or liabilities under these Terms and Conditions, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms and Conditions, at any time without your prior consent.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in the Site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.

You may print off one copy, and may download extracts, of any pages from the Site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.

If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By agreeing to these Terms and Conditions, you irrevocably authorise us to quote from your Commentary on the Site and in any advertising or social media outlets which we may create or contribute to.

FORCE MAJEURE EVENTS

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) strikes, lock-outs or other industrial action;

(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

(e) impossibility of the use of public or private telecommunications networks;

(f) epidemic, pandemic or other health emergency (whether declared or not); and

(g) the acts, decrees, legislation, regulations or restrictions of any government.

Our performance under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms and Conditions may be performed despite the Force Majeure Event.

PRIVACY

Our Privacy Policy is a separate document available on the Site.

We may use your contact information to send you newsletters from us and from our related companies.

GENERAL

These Terms and Conditions contain the entire understanding between the parties concerning the subject matter of these Terms and Conditions and supersedes all prior communications.

The relationship between you and us is that of a principal and independent contractor. Nothing in these Terms and Conditions will be taken as giving rise to a relationship of employment, agency or partnership.

Each party acknowledges that, in entering into these Terms and Conditions, neither party relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.

Our failure to enforce any provision under these Terms and Conditions will not waive our right thereafter to enforce any such provisions.

If any term or provision of these Terms and Conditions is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms and Conditions and the remaining terms and conditions will be unaffected.

These Terms and Conditions are governed by and are to be construed in accordance with the laws in force in South Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of South Australia.