Terms & Conditions
Payment & Payment Options
All goods remain the property of The Essential Ingredient until paid in full.
If credit terms have been approved, payment can be made by EFT, credit card, cash, cheque – or if you choose, you can leave credit card details with us and consent to our processing payment on your behalf. Cash on Delivery (COD) – Credit Card or Cash only, if you wish to pay via EFT this must be done before delivery.
Returns & Credit Notes
FOOD: Cannot be returned or exchanged.
COOKWARE & BOOKS: Within 10 days of purchase with original invoice at the time of item return and only if item is unopened, unused and in original resalable condition. If these requirements are not satisfied The Essential Ingredient reserves the right not to offer an exchange or refund unless the item is faulty. Any discrepancies or feedback regarding your order needs to be reported within 48 hours of the delivery otherwise it is accepted that the goods were received and in good order as invoiced. Unsatisfactory product must be returned for a credit and/or replacement stock to be provided.
The Essential Ingredient does its best to ensure that your order will arrive in the best possible condition at the correct delivery address and at the correct time. If a customer does not trade during our standard delivery hours (8am-1pm, Monday – Friday) – an alternate drop off point must be nominated.
Any circumstance where a customer does not accept delivery at the time and then wants it redelivered may incur additional delivery charges. Any deliveries left by customer request in a specified area are the responsibility of the customer. Minimum order value for free delivery are as follows: CBD over $75, INNER MELBOURNE SUBURBS over $150, OUTER MELBOURNE SUBURBS over $200, MORNINGTON & GEELONG & REGIONAL VICTORIA over $250. Please note: Freight charges will apply if minimum order requirement is not met.
The Essential Ingredient has full HACCP certification. The Essential Ingredient go to great lengths to ensure that our product is of premium quality. If there is any problem with the product we will credit you and wherever possible arrange for replacement product to be sent to you at our expense. It is essential that the unsatisfactory product be returned to us so that we can do our utmost to ensure that the problem does not occur again.
Orders can be phoned through on 03 9520 3277, faxed on 03 9520 3232, or emailed to email@example.com.
The Essential Ingredient sales office hours are: Monday – Friday 6.30am-4.00pm EST
CONDITIONS OF SALE
In these conditions:-
1.1. “The Essential Ingredient” means The Essential Ingredient Pty Ltd ABN 96 411 775 350;
1.2. “You” means the person who places an Order, or on whose behalf an Order is placed, for Goods with The Essential Ingredient;
1.3. “Goods” means the goods described on the front or in the Order;
1.4. “Order” means an order for Goods submitted by You to The Essential Ingredient;
1.5. “Invoice” means The Essential Ingredient invoice to You;
1.6. “Charges” means the price agreed in writing between the parties or, in the absence of such agreement, the amount calculated under The Essential Ingredient current price list (which is subject to change without notice), plus any freight charges and any tax including a goods and services tax (“GST”) levied on a transaction of supply under these conditions.
2. THE ESSENTIAL INGREDIENT RIGHT TO REJECT AN ORDER
The Essential Ingredient reserves the right to accept or reject your Order in whole or in part.
3.1. You must pay the Charges by direct deposit, cheque, or cash within the terms of your agreement with The Essential Ingredient….COD / (14) days from the date of Invoice/ (30) days from the date of Invoice.
3.2. You may not withhold payment of any amount of an Invoice.
Delivery takes place on the date and time the Goods are left by The Essential Ingredient at the address nominated by you as the delivery address.
5. PROPERTY AND RISK
5.1. You accept the risk of loss, damage or deterioration of the Goods from the time of delivery.
5.2. The Essential Ingredient reserves the following rights until you pay the Charges;
5.2.1. Ownership of the Goods;
5.2.2. The right to enter your premises (or the premises of any associated company or your agent where the Goods are held) without liability for trespass or any resulting damage and retake possession of the Goods; and
5.2.3. The right to keep or re-sell Goods repossessed under clause 5.2.2.
5.3. If you fail to pay the Charges on the due date, then in addition to any other rights or remedies to which it is entitled, The Essential Ingredient may in its absolute discretion:-
5.3.1. Withhold supply and delivery of any further goods; or
5.3.2. Enter upon your premises and remove the Goods.
6. EXCLUSIONS AND LIMITATIONS
6.1. Subject to 6.3, The Essential Ingredient excludes from these conditions all conditions and terms implied by statute, general law or custom.
6.2. Subject to 6.3, The Essential Ingredient excludes all liability to You for acts or omissions of The Essential Ingredient, any delay, non-delivery or other failure to supply the Goods or any injury, loss or damage of any kind in tort (including negligence) or contract or otherwise arising out of the Goods on these conditions.
6.3. If the Goods are supplied to You as a “consumer” of goods or services within the meaning of “consumer” in the Trade Practices Act 1974 as amended or similar state legislation, nothing in these conditions excludes, restricts or modifies any condition, warranty, right or remedy conferred by the Trade Practices Act 1974 as amended or similar legislation.
6.4. If the Goods are goods not ordinarily acquired for personal, domestic or household use or consumption for the purposes of the Trade Practices Act 1974 as amended or similar legislation, The Essential Ingredient liability is limited to the supply of the Goods again or payment of the cost of supplying the Goods.
6.5. The exclusions in 6.1 and 6.2 extend to loss of profits, business or anticipated savings or other indirect or consequential damage and to economic loss and even if The Essential Ingredient knows they are possible or otherwise foreseeable.
7. PURCHASER’S ACKNOWLEDGEMENT
7.1. Despite anything else in these conditions, You acknowledge that:-
7.1.1. Prior to ordering the Goods You satisfied Yourself as to the their suitability for Your purpose; and
7.1.2. The Essential Ingredient has made no express warranty, condition or representation about the Goods’ quality, fitness for purpose, safety or suitability.
8. USE-BY DATE
8.1 Goods must not be sold beyond their ‘use-by’ or ‘best-by’ date.
8.2 If You do not comply with clause 8.1, You must indemnify The Essential Ingredient for any costs or expenses and any loss or damage resulting (directly or indirectly) from the sale by You of such Goods.
9.1. These conditions are governed and must be construed under the laws of the State of Victoria and The Essential Ingredient and You submit to the exclusive jurisdiction of the Courts of that state.
9.2. If a condition or part is unenforceable the unenforceability does not affect any other part of the conditions or any other condition.
9.3. The Essential Ingredient is not bound by any waiver, discharge or release of a condition or any agreement, which varies these conditions unless it is in writing, and signed for The Essential Ingredient by an authorised officer.
9.4. If The Essential Ingredient waives a breach of condition the waiver does not operate as a waiver of another breach of the same or any other condition or as a continuing waiver.