Online Terms & Conditions of Use

Last updated 14th February 2021

General

These Terms & Conditions shall apply to online orders for the supply of products (Order) by Aus Vi Bakery (Bakery), which is submitted via the online ordering system at https://www.ausvibakery.com . You acknowledge that the Online Ordering System is hosted and administered by a third-party provider and not by A & V Trading Pty Ltd (A&V T).

You will be deemed to accept these Terms & Conditions when you submit an order through the Online Ordering System.

A&V T may amend these Terms & Conditions from time to time, by publishing the amended Terms & Conditions on this website. The amended Terms & Conditions will apply from the next order you submit through the Online Ordering System. By placing an Order through the Online Ordering System you agree to the amended Terms & Conditions.

A&V T does not guarantee that the Online Ordering System will be available 24 hours a day, 7 days a week, nor that it is free from errors, viruses or other harmful components. A&V T will not be liable if the Online Ordering System is unavailable at any time due to maintenance, whether planned or unplanned or for any other reason.

A&V T may suspend or terminate the Online Ordering System at any time for any reason without prior notice.

Use of the Online Ordering System

To use the Online Ordering System and to submit an order, there is not a requirement to set up a user account (Account), however by clicking on the ‘sign-up’ link and following the prompts it can be achieved.

You acknowledge you will be required to provide your personal details, including your name, billing address, mobile phone number, email address and payment information.

In setting up an Account and in using the Online Ordering System:

  • you warrant that all personal details and information you provide to A&V T are true and correct;
  • you accept full responsibility for maintaining and keeping up to date all personal details and information, including payment information. You accept that in the event these details are not up to date you may not be able to use the Online Ordering System until such tune as you have provided the updated information;
  • you accept full responsibility for maintaining the confidentiality of your personal details, password details and payment detail;
  • you assume full responsibility for all your activities whilst using the Online Ordering System, and for any costs or charged you incur as a result of using the Online Ordering System, including any additional mobile data or other internet user charges

You are permitted to use the Online Ordering System for your own personal use. You are not permitted to resell or resupply any products ordered through the Online Ordering System to a third-party.

You must be ages eighteen (18) years or over otherwise be under the supervision of an adult or guardian in order to access, use and submit an Order through the Online Ordering System.

A&V T reserves the right to refuse any order or terminate your access to the Online Ordering System, in A&V T’s sole discretion, and without prior notice to you and without refunding any payment made by you:

  • If A&V T reasonably suspects you are reselling or resupplying any products ordered through the Online Ordering System to a third party;
  • If A & V T believes, in its sole discretion, that you have breached these Terms & Conditions

Orders

You acknowledge and agree that:

  • each Order submitted by you is treated as an express offer to purchase the products specifies in the Order for the prices published on the Online Ordering System at the time the Order is submitted;
  • you enter into a separate binding agreement with the individual business with respect to products ordered from the A&V T owned by A & V T in accordance with these Terms & Conditions

To place an Order via the Online Ordering System you will be required to specifiy the following:

  • the products you wish to order
  • the option of “pickup” for the Order
  • the time frame in which you intend to collect the order (“Collection Time”), which must be during the Bakery’s hours of operation and on a specific date; and
  • your payment information

You must check the details of your Order and correct any errors before submitting the Order through the Online Ordering Platform

  • In your order if you specify anything in an items “Additional Comments” section that is considered to be an ‘Extra’ with an attached cost, to will not be included in your order.

You will receive a confirmation of your Order once submitted.

Collection Times are estimates only and may be affected by the volume of orders, both online and in-store.

A&V T takes great care in ensuring that the names, descriptions, prices and allergenic warnings of products are accurate. Any queries in respect of any products should be directed Aus Vi Bakery directly at ausvibakery@gmail.com or through a call at (03) 9459 2379 before an Order is submitted.

Prices and Payment

The prices for products will be published on the Online Ordering System at the time you submit your Order

The prices are expressed as inclusive of GST and in Australian dollars

You must pay for your Order through the Online Ordering System at the time of submitting your Order using an accepted credit cars or debit card and payment will be debited from your account in the timeframe specified by your card provider and in accordance with the terms and conditions specified by your card provider

If your payment cannot be processed you will be notified and your Order will not be processed.

A&V T reserves the right to:

  • refuse an Order or change a price if the published price was incorrect due to a malfunction or interference with the Online Ordering System
  • change the payment methods that can be used for Orders at any time in its absolute discretion

Cancelling or Changing Your Order

If you wish to cancel or change your Order after it has been submitted through the Online Ordering System and accepted and payment processed you must:

Aus Vi Bakery may accept or reject your request for a cancellation or change of Order in its absolute discretion.

If your request for a cancellation or change of an Order is accepted your original payment will be processed and if you are entitled to a refund this will be processed by Aus Vi Bakery.

If, due to unforeseen circumstances, Aus Vi Bakery is unable to fulfil your Order, or if a product is no longer available the Collection Bakery will contact you before the Collection Time to:

  • replace the unavailable item with as similar item of equivalent value;
  • provide a refund of the price of the unavailable item;
  • cancel the entire Order and provide a full refund; or
  • provide another form of compensation that is appropriate in the Bakery’s reasonable opinion

If there are any issues with you Order you may contact Aus Vi Bakery directly during business hours within 48 hours of the Collection Time at ausvibakery@gmail.com, via telephone on (03) 9459 2379 or directly in-store.

Aus Vi Bakery will review your communication and contact you as soon as possible with a proposed resolution.

Collecting Your Order

You must collect your Order at Aus Vi Bakery at the selected Collection Time; at the correct date and time.

To collect your Order you will be required to provide your Order confirmation and if requested, proof of identity.

Aus Vi Bakery will use best endeavours to have your Order ready at the Collection Time

If you do not collect your Order on the same day that the Order presents the Collection Time to be, the products will no longer be available upon closing time and no refund will be provided to you.

Liability Indemnity

To the extent permitted by the law, A&V T is not liable for ab claims, losses, judgements, liabilities and damages that you sustain as a result of your use of or the failure of the Online Ordering System, including delays in collection, or your consumption of the products ordered through the Online Ordering System, except to the extent caused by A&V T’s negligence or wilful acts or omissions.

These Terms & Conditions will not be construed as excluding, qualifying or limiting your statutory rights or remedies.

You agree to indemnify and hold harmless A&V T and its related business, and the directors and employees of the entities, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to legal fees) arising from or in connection with:

  • your use of and access to the Online Ordering System;
  • your violation of any term on these Terms & Conditions

Privacy Policy

The Aus Vi Bakery Privacy Policy forms part of these Terms & Conditions and applies to all personal information submitted by you on the Online Ordering System such as your name, address, mobile phone number, e-mail address and payment information. If A&V T does not have this information A&V T may be unable to process your Order.

By placing an Order and providing A&V T with your personal information, you agree to A&V T’s Privacy Policy and consent to A&V T collecting, using, disclosing, processing, and storing your personal information in accordance with the Aus Vi Bakery Privacy Policy.

A&V T does not actively disclose your personal information overseas. A&V T discloses your personal information to Stripe Payments Australia Pty. Ltd. (Stripe) in order to facilitate its Online Ordering System.  This may involve disclosure to Australia and the USA.  Stripe will use information in accordance with their privacy policy. 

See: https://stripe.com/gb/privacy

If you consent to the disclosure of your personal information as described above, A&V T is not required to take reasonable steps to ensure that Stripe does not breach the Australian Privacy Principles (APPs) in relation to the disclosed information, A&V T will not be liable under the Privacy Act 1988 (Cth) and you will not be able to seek redress under the Privacy Act 1988 (Cth). Stripe may not be subject to any privacy obligations in their own country that are similar to the APPs, you may not be able to seek redress in the overseas jurisdiction and the overseas recipient could be subject to foreign laws that compel disclosure to third parties, such as overseas authorities.  Having been informed of the possibility that such disclosures may occur, you consent to that disclosure by placing your Order.

The Aus Vi Bakery Privacy Policy contains information about how you may access or seek correction of your personal information, how to file a complaint and how A&V T will deal with your complaint. To view A&V T’s full privacy policy, please click here.