How we operate
Terms & Conditions
This website is operated by Deli Service PTY Ltd trade as The Deli Cart. Throughout the site, the terms “we”, “us” and “our” refer to The Deli Cart. The Deli Cart offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Any legal action arising out of its use shall be brought and enforced under Australian laws. By using this site, you agree to submit to the jurisdiction of the courts of Australia and any legal action pursued by you shall be within the exclusive jurisdiction of the courts of Australia
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The content of www.thedelicart.com.au is provided for your personal, non-commercial use. Such material may not be copied, republished, reproduced, uploaded, modified, transmitted, posted, or distributed in any way without the written consent of Deli Service PTY Ltd.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – DELIVERIES
The Deli Cart delivers Australia wide. To protect the quality and condition of the produce, cold items (as indicated in the copy) we pack our goods with icepack and thermo isolated packaging, we calculate the time of the expected delivery to assure the pack will not stall in any courier deposit, however as the deliveries are processed by a third party we can’t assure any specify an exact time for delivery, or condition of the perishable products.
The delivery fee is payable in addition to the cost of your order and will be populated at check-out, unless expressly advised otherwise, as follows:
- for orders to be delivered Australia wide, The Deli Cart offers a regular delivery fee of $14.9 + GST (for a total amount of $16.39);
- for ordaers that includes chilled products, a delivery fee of $10 + GST (for a total amount of $10.10) could be added to the regular delivery fee for orders to be delivered Australia wide but outside of the Sydney Metro area;
- in case of bulk shipment (+5kg) a surcharge may occur, The Deli Cart contacts the client before processing the order.
Thedelicart.com.au recommends you use a business address if there is a chance the recipient is not likely to be home. If no one is available to accept the delivery, then the box will be left outside the residence. We do not require signature at delivery as we want to avoid the pack to be sent back at the courier deposit, prolonging the time the good will remain at ambient temperature.
Estimate time of delivery is only approximate and it might be subject to changes due to stock availability, couriers or circumstances beyond our control.
We are not in a position to always contact the recipients by phone should there be no recipient at the requested delivery location.
It is important the customer provides clear and accurate delivery instructions when placing their order.
Thedelicart.com.au retains records for proof of delivery, and remains exempt from any liability or responsibility for loss or damage arising as a result of parcels being left safely and securely at unattended premises and/or due to an incident arising from ‘returned, melted, infested or undelivered’ products.
Should the delivery address supplied by the customer be incorrect or insufficient details provided, Thedelicart.com.au cannot accept any responsibility for any loss experienced. It is the obligation of the customer to supply accurate details at the time of order.
When supplied with an incorrect address, the box will be redirected to Thedelicart.com.au and disposed of if there are cold produce products as the products no longer remain fresh. It is a commitment by www.thedelicart.com.au that all products be delivered at the highest quality and a decision will be made to dispose of re-directed products, once returned, at the discretion of Thedelicart.com.au.
Re-delivery on the same day will not always be guaranteed. In the case of a wrong or non-complete delivery address, It is the customer’s responsibility to decide on whether they would like to purchase another box and have it delivered to the correct address on a different day.
Whilst every effort is made to adhere to the delivery schedule, we use third parties couriers for all our deliveries, and occasionally situations arise which are out of our control resulting in slight delays in the above time frames. We cannot accept responsibility for these unfortunate events, but assure you that every effort is made to ensure your goods arrive on time.
If you need to change the address of the delivery, an alternate address notice must be placed in email to email@example.com at the earliest opportunity. We can change address only if the order is not benign already processed.
Wholesale and bulk shipment might be subject to additional cost, our team will contact you and let the customer know if additional cost will be involved. The order will be processed after the additional payment has been made. If the payment is not received we will cancel and refund the order.
SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 6 – PRODUCTS OR SERVICES
We, thedelicart.com.au, does not take any responsibility for the content on any messages sent from a sender to a recipient. Messages are not altered or censored by thedelicart.com.au and are sent as requested by the sender.
Product design, colours and flavours may vary from images supplied on our website by discretion of thedelicart.com.au.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – CANCELLATION POLICY
Once an order is submitted to check out then there are no cancellations or refunds.
In the event that the customer needs the box cancelled or re-delivered due to incorrect details, the customer will be charged the same price for an additional box to be sent out.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 8 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11- PERSONAL INFORMATION
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use.
In no case shall The Deli Cart, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Deli Cart and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the Australian laws.
SECTION 20 – PURCHASING LIQUOR AS PART OF GIFTS
Alcohol can be sold as part of gifts only. It can be delivered strictly to another adult who is not the purchaser. The gift cannot be delivered to a person at the location where the gift was purchased. The box will be delivered during work hours (9 am – 5 pm). In case the purchase does not meet the requirements one of our staff will be in touch.
SECTION 21 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.
Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 – GIFT CARD
Gift vouchers, or Gift Card are available in denominations of $40, $60, $80, $100, and are redeemable on thedelicart.com.au only . Gift vouchers will not include or cover shipping costs. Gif vouchers are valid for 4 years from the date of purchase and they can not be used in conjunction with another offer. No cash alternative available. Standard Deli Service PTY Ltd T&C also apply.
SECTION 24 – RETURN POLICY
Because of food authority regulation, we cannot accept food back.
If it is a mistake from our end we will refund the amount of the incorrect item.
We do not refund shipping costs.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org