Terms and Conditions

Please Carefully Read These Terms and Conditions of Use Before Using This Website

 

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern Simply Sensational Catering’s relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Simply Sensational Catering and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

Amendment Of Terms

We reserve the right to change, modify, add, or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website, then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Simply Sensational Catering’s rights and obligations to each other.

Limitation Of Liability

It is an essential pre-condition to you using our website that you agree and accept that Simply Sensational Catering is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods, or services we may offer or from any other use of the website. This includes your use or reliance on any third-party content, links, comments, or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Competition And Consumer Act

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Simply Sensational Catering liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

Replacements, Refunds and Returns

If the products delivered or collected are defective or not fit for purpose, full replacement will be provided if possible before service. This replacement extends to damage caused in-transit by Simply Sensational Catering’s delivery team, but not by a third-party courier, or for orders picked up directly from our premises.

If full replacement is not possible, a partial or full refund for defective products will be provided. Photographic evidence of the defective products may be requested.

Please note that products cannot be returned due to change of mind, incorrect choice, incorrect delivery time, or delays in service due to late arrival of guests.

We guarantee that our products are;

  1. Of acceptable quality and free from defects,
  2. Acceptable in appearance and finish, and fit for the purpose of human consumption, and
  3. Will match the description given to you, although they may differ slightly in presentation as most products are hand prepared and assembled individually.

How do I contact Simply Sensational Catering if I consider that I am eligible for a Replacement, Refund or Return?

  1. If the replacement food item is required urgently before service, please call 03 9571 6861 immediately to advise details.
  2. Within 48 hours of discovery of the defective product email info@simplysensational.com.au and place in the Subject Title: Refunds and Return and your Business Name/Order Number. In the email body, provide details regarding how the products failed to serve their purpose or were defective. If possible, attach photographs of defective products.

Use of Website’s Online Ordering Capability

Order Details 

All information provided to Simply Sensational Catering via our website’s online shopping cart and checkout, is deemed to be correct and final unless otherwise specified, including the delivery address, delivery date, delivery time slot, contact details, and items ordered.

Order Mistake Rectification 

Any mistakes in an order may be rectified up till 3.00 pm on the last weekday before the delivery date. No credits or refunds will be provided for ordered items deleted after this close off time.

Order Dietary Requirements

Simply Sensational Catering utilises a large commercial kitchen in the preparation of its catering and cannot absolutely guarantee there won’t be traces of nuts, egg, dairy, gluten, and other known allergens in the catering supplied.

Every endeavour is made to ensure that our Gluten Free and Dairy Free items are as described, and all items containing nuts are clearly identified, however Simply Sensational Catering will not accept any responsibility or liability for any adverse reactions to catering supplied.

Order Confirmation

Once an online order has been received, an order confirmation email will be immediately sent to you.

You must notify Simply Sensational Catering immediately if:

  • A confirmation email is not received
  • A confirmation email has been received incorrectly
  • There are discrepancies within the order confirmation

Any discrepancies that Simply Sensational Catering has not been notified of prior to the delivery or cut off times, cannot be rectified, and no refunds will be provided

Weekend Catering

Weekend catering cannot be ordered online.  Weekend catering is available for larger events with a minimum of 7 days’ notice, and quotes are provided on request via the website or telephone.

Order Minimum Requirements  

Minimum food order value of $150.00 applies to all online catering orders.

Order Delivery Fees

Delivery Fees apply to all orders and fees vary depending on your location.  Currently Simply Sensational Catering provides delivery to venues located within 25 kilometres of the Melbourne CBD. Delivery Fees are applied at the online checkout.

Order Delivery Conditions

The customer is responsible for providing the correct delivery address, delivery instructions and contact details when placing an order, and for ensuring that someone is present at the delivery address to accept delivery withing the delivery time slot requested.

Simply Sensational Catering will endeavour to deliver catering ordered online within the requested time slot taking into consideration the expected traffic conditions.

Simply Sensational Catering will not be held responsible for any unforeseeable or major delays such as accidents, construction works, disasters, riots, protests, marches, parades, rallies, strikes, criminal attacks and/or extreme traffic.

Goods & Services Tax (GST)

All prices are in Australian Dollars. All prices include GST and are subject to change without notice.

Order Cancellations

Cancellation or rescheduling of a confirmed online order must be provided in writing via email at least 48 hours prior to the confirmed delivery date. No refunds will be provided for orders cancelled without this required period of notice being satisfied.

Order Payment Requirements

Order payment in full is required for all catering orders placed online. Simply Sensational Catering only accepts corporate or private credit cards. A credit card surcharge is applied at checkout.

Order Product Absence or Product Defects

Any items that are not delivered, or are delivered with defects, may entitle you to receive a refund or partial refund if replacement items cannot be provided in time for guest consumption. Evidence by way of photographs and written description of claimed absence on delivery or product defects, will be required before consideration of request can occur.

Links To Other Websites

Simply Sensational Catering may from time to time provide on its website, links to other websites, advertisements, and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Simply Sensational Catering and the owners of those websites. Simply Sensational Catering takes no responsibility for any of the content found on the linked websites.

Simply Sensational Catering’s website may contain information or advertisements provided by third parties for which Simply Sensational Catering accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only, and are not providing any advice, nor do we take any responsibility for any advice received in this regard.

Disclaimer

To the fullest extent permitted by law, Simply Sensational Catering absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Simply Sensational Catering gives no warranty that the documents, goods, or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, always endeavour to have the most accurate, reliable, and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link, or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of Simply Sensational Catering to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

Your Privacy

At Simply Sensational Catering, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. Simply Sensational Catering’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access.

Third Parties

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

Disclosure Of Information

Simply Sensational Catering may be required, in certain circumstances, to disclose information in good faith and where Simply Sensational Catering is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

Exclusion Of Competitors

If you are in the business of creating similar documents, goods, or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Simply Sensational Catering.

Simply Sensational Catering expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term, then Simply Sensational Catering will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use.

Simply Sensational Catering reserves the right to exclude and deny any person access to our website, services, or information in our sole discretion.

Copyright, Trademark and Restrictions of Use

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks, and graphics. You are not permitted to reproduce the documents, information, or materials on the website for the purposes of sale or the use by any third party. In particular, you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

Simply Sensational Catering expressly reserves all copyright and trademark in all documents, information, and materials on our website, and we reserve the right to act against you, if you breach any of these terms.

Any redistribution or reproduction of part or all the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Whole Agreement

These terms and conditions represent the whole agreement between you and Simply Sensational Catering concerning your use and access to Simply Sensational Catering’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

Exclusion of Unenforceable Terms

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

Jurisdiction

This agreement and this website are subject to the laws of Victoria and Australia. If there is a dispute between you and Simply Sensational Catering that results in litigation, then you must submit to the jurisdiction of the courts of Victoria.