Daniel’s Donuts Online Ordering Terms and Conditions

You can order our products via our Website, the store QR code or App. When you place an order to purchase a product via our Website, store QR code or App, you are making an offer to purchase those products from Daniel’s Donuts Retail Pty Ltd (“we”, “our”, “us” or “Daniel’s Donuts”). No order shall be deemed to be accepted until an acknowledgement of order from Daniel’s Donuts is issued to you. The contract between you and us is only for those products notified in the acknowledgement of order.

The online ordering service is operated by RedCat Pty Ltd.

We may change, suspend or terminate the online ordering system (or any part of it) at any time without prior notice. However, where we can, we will give you notice of any down time or changes.

Daniel’s Donuts endeavours to provide your order as you request it including any allergen-free, gluten free, vegan or vegetarian products. We cannot guarantee that your order will be 100% free from traces of allergens including but not limited to nuts, gluten, meat and/or dairy which may be unintentionally present due to cross-contamination during store operations. 

Without limiting the way in which you may become bound by these Terms, you will be deemed to have accepted and will be bound by these Terms by submitting an Order or by accessing the online ordering service.

THE ONLINE ORDERING SERVICE

You may browse the online ordering service and submit orders as a guest, or create a user account (Account) by clicking on the registration link or when submitting an Order. 

If you do create an Account, you will be required to provide your details (including your payment details) which we will store on your Account or with our secure third party payment provider to make it easier for you to submit Orders in the future.

PRICES

The prices published on the online ordering service will apply to the ordered products. All prices stated on the online ordering platform are inclusive of GST.

The online ordering service may allow you to apply certain available discounts or promotions to orders submitted via the online ordering feature. However, if you wish to take advantage of one of our discounts or promotions which cannot be claimed via our Online Ordering Service, please call one of our stores directly to place a telephone order.

We reserve the right to refuse an order or alter the agreed price if an incorrect price was given due to a software malfunction or interference with the online ordering service.

PAYMENT

You must pay for the Products at the time of submitting your Order using an approved payment method. Approved payment methods including major Credit Cards.

The payment will be processed by us immediately and will be debited from your account in the timeframe set by your card or account provider.

If we are unable to authorise your payment via the selected payment method at checkout, you will be alerted and your order will not be processed.

We have engaged a third party payment provider to securely process credit and debit card payments and store payment details for Account holders. We will not store your credit or debit card information on our servers and will not have direct access to your payment information. Please refer to Tyro Payments Limited’s terms of use here, https://www.tyro.com/terms-and-conditions/.

CHANGES & CANCELLATIONS BY YOU

No change of mind changes or cancellations will be accepted after receiving the order confirmation. 

If we allow you to cancel or change your order, your original payment will still be processed. Our customer service team will then determine whether you are eligible for a refund in accordance with these terms.

CHANGES & CANCELLATIONS BY US

If we are unable to fulfil your order due to unforeseen circumstances, or if one of the products is no longer available, we may contact you to cancel or vary your order.

In such a case, we will determine whether it is appropriate to:

  1. replace the unavailable item with another item of a similar value;
  2. provide a partial refund of the price of the unavailable item; 
  3. cancel the entire Order and provide a full refund; or
  4. provide another form of compensation that we deem appropriate.

Any approved refunds will be handled by our customer service team as set out in these Terms.

COLLECTING YOUR ORDER

Please arrive at the designated store at or around the pickup time and let a member of the team know the name attached to the order.

To collect your order, a member of our team will require you to present your order confirmation.

We will endeavour to have your order ready to collect at the pickup time, but please be patient if there is a short wait due to high demand at the time.

We reserve the right to conduct and implement fraud detection processes, including validating your credit card details. If your nominated payment method triggers our fraud prevention protocols, we may ask you to confirm additional details, or rescind the transaction. In this case, your order must pass our fraud prevention protocols before it will be fulfilled. If you do not provide the requested information, your order will be cancelled and payment returned, if applicable, to the method you originally paid.

REFUND POLICY

In addition to the rights and remedies you may have as a consumer under relevant law including the Australian Consumer Law, if you are not happy with your experience please contact us at [email protected] and we will work to resolve your concerns.

Any complaint must be submitted to our customer care team for consideration within 48 hours after the pickup time. Our team will review your request and get back to you as soon as possible on how we propose to rectify your experience.

 Subject always to your rights under applicable laws including the Australian Consumer Law, any decision to grant a refund will be at our discretion (subject to our legal obligations) but we will always endeavour to address any complaints to your satisfaction. We will process any approved refunds within 5 business days of approval. 

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. These rights may be available beyond the rights provided in these Terms.

NO RESALE OR THIRD PARTY PROVIDERS

The online ordering service is only open for orders made on a direct to customer basis. Orders are only accepted on the condition that the person who places the order must collect the order in person for the purposes of private consumption. You must not resell or resupply any products ordered via the online ordering service to a third party.

We may refuse, without any refund, any order submitted via the online ordering service which we reasonably believe has been made by or through a third party delivery business.

DISCLAIMERS

We do our best to ensure that our product names, descriptions, prices, nutritional information and allergenic warnings are accurate, but accept no liability if any of the details published on the online ordering service are incorrect. If you have any doubt about the contents of any of our products, please contact [email protected] before you place your order.

To the extent permitted by law, we exclude all liability for any loss or damage you sustain as a result of your use of the online ordering service or consuming ordered products, except to the extent caused by our wilful acts or omissions.

These Terms will apply to the extent permitted by law and none of these terms will be construed as excluding, qualifying or limiting your statutory rights or remedies.

COMMUNICATIONS

We will communicate with you electronically via text message, in-App push notifications or email about your use of the App, store QR code and Website, including to provide confirmations of orders placed online as well as general marketing communications. You consent to receive communications from us in this way. You can opt out of receiving marketing communications by contacting us at [email protected] or by using the unsubscribe function in the marketing communication.

You may opt-out of receiving in-App push notifications at any time by adjusting the App settings on your device or by contacting us at [email protected] You acknowledge that opting-out of in-App push notifications may impact your use of the App and that we may not be able to contact you as contemplated in these Terms.

INTELLECTUAL PROPERTY RIGHTS

No intellectual property rights of any kind in the App or Website are assigned to you and you acknowledge and agree that we own all intellectual property rights (including all trade marks, business names and copyright) in the App and Website. Any rights not expressly granted by these Terms are reserved by us. This includes all right, title and interest in the object code and source code of the App and Website.

The Website, the App and all related content is subject to copyright and other intellectual property rights. You acknowledge that the trademarks and logos displayed on the Website and the App are our property and you must not use any of the marks without our prior written permission.

We grant you a limited, non-exclusive, non-sub-licensable, revocable, non-transferable licence to access and use of the App and Website as set out in these Terms.

WARRANTIES

We provide the App and Website on an “as is” and “as available” basis, and exclude and disclaim to the maximum extent permitted by applicable law, all guarantees, conditions, warranties or terms of any kind, whether express or implied or imposed by any applicable law.

In particular, and without limiting the above:

  1. while we endeavour to provide a convenient and functional App and Website, we do not guarantee that your requirements will be met, that the App or Website is accurate or complete, or that your use of the App or Website will be uninterrupted, secure or error free or that the App or Website is free of viruses or other harmful components; and
  2. you acknowledge that there may be times when the App or Website may be down or disrupted and that we will not be liable for any interruptions or disruptions in any way.

Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable law which cannot lawfully be excluded, restricted or modified.

INDEMNITY AND LIMITATION OF LIABILITY

Indemnity

You agree to indemnify us, our affiliates and our respective directors, officers, employees and agents against any losses, liabilities, claims and expenses (including legal fees) that arise out of or as a result of:

  1. your unauthorised use or misuse of the App, Website or your Account; or
  2. your violation of any third party right, including any copyright, property or privacy right.

Limitations of our liability

To the fullest extent permitted by law, (and save as otherwise expressly set out in these Terms), we, our directors, employees, agents and representatives, exclude all liability, howsoever arising (including from negligence), for any loss or damage whether direct, indirect, special or consequential, or for personal injury which is suffered or sustained, by any user, arising in any way out of or in connection with the Site, including but not limited to such loss, damage or injury arising out of the following: 

  1. using the Website or App;
  2. purchasing and/or using any product(s) from the Website or App;
  3. any errors or omissions from any information on this Site including typographical or photographical errors;
  4. any technical malfunction, error, omission, interruption, interference, communications line failure, deletion, defect, delay, virus, bug, tampering, theft or destruction or unauthorised access to the Site;
  5. any injury or damage to any person’s computer related to accessing or downloading any materials from this Site; or
  6. a failure or omission on our part to comply with its obligations under these Terms.

To the fullest extent permitted by law (and save as otherwise expressly set out in these Terms), we

  1. do not make any representation, warranty or endorsement of any kind, whether express or implied, with respect to the information or material contained on the Site, or the accuracy, reliability or completeness thereof; and
  2. expressly disclaim all representations and warranties, express or implied, with respect to the products advertised or otherwise featured on this Site.

To the fullest extent permitted by law (and save as otherwise expressly set out in these Terms), we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, computer viruses, bugs, unauthorised intervention, fraud, technical failures, theft or destruction, or unauthorised access to or alteration of any information provided by a website user.

You hereby waive, release and hold harmless Daniel’s Donuts, its directors, employees, agents and representatives from and against any and all actions, claims, suits, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) that you may have or would have had in connection with, or arising out of, or incidental to, your access to or purchase from this Site and your use of any products advertised therein (save as otherwise expressly set out in these Terms).

Consumer protection laws such as the Australian Consumer Law imply certain guarantees into some contracts for the supply of goods or services and prohibits the exclusion, restriction and modification of such terms.  Nothing in these Terms excludes, modified or limits such statutory guarantees.  Save as otherwise expressly set out in these Terms, if we breach any such statutory guarantees then its liability for the breach is, where permitted by law and at our election, limited to:

  1. in the case of goods — the repair or replacement of the goods, or supply of equivalent goods, or payment of the cost of doing this; or
  2. in the case of services — the re-supply of the services or payment of the cost of doing this.

YOUR INFORMATION

When you place an order via the online ordering service you will be required to provide us with your personal information, including your full name, your email address, your mobile phone number and your payment information (Information).

13.2 By submitting an order and giving us your Information, you agree to our Privacy Policy and consent to us collecting and using your Information in accordance with our Privacy Policy.

SUSPENSION OR TERMINATION

We may suspend or disable your Account, your right to access the online ordering service or your right to submit orders, at any time and for any reason.

VARIATIONS

We may vary these online ordering terms at any time by publishing the revised terms on this website. The amendments will take effect from the next time you visit the online ordering service. If you do not agree with the revised terms, you must immediately stop using the online ordering service and delete your Account (if applicable).

OTHER

These Terms are governed by the laws of Victoria. Each party submits to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.

Last Modified: 16 December 2021

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