Terms & Conditions

Phil & Guy’s Wholesome Food

Terms and Conditions – 1 October 2016

 

1.0 Overview

These are the Terms and Conditions to which you agree to when you access Phil & Guy’s, or enter into an Agreement with us for the provision of goods and services.

Phil & Guy’s is owned and operated by Zee Catering Pty Ltd, ABN 50 077 828 052, PO Box 1084 Potts Point NSW 1335. References throughout this document to ‘Phil & Guy’s’ or ‘Phil & Guy’s Wholesome Food’ are to be considered as a reference to Zee Catering and/or its representatives.

If at any time you need, or would like to, contact us about any aspect of your experience with Phil & Guy’s and/or any of these Terms and Conditions, please do so by emailing info@philandguys.com.au, or calling (02) 8076 9340.

Other sections within these Terms and Conditions are listed below, and our Privacy Policy is a separate document also available from the Phil & Guy’s website.

 

2.0 Orders, Delivery & Products 

Accurate Information: Information provided by you in placing an Order or opening an Account must be accurate and complete. You must inform Phil & Guy’s if there’s a change to your details.

Minimum Order Value: We reserve the right to specify a total minimum value for orders, below which orders will not be accepted. We may also charge a delivery fee on order values below a certain value. Minimum values and values subject to delivery fees may change from time to time, but will be clearly stated on the Phil & Guy’s website. We may decide to accept an order which is below the minimum order value. Doing this in one instance won’t oblige us to accept an order which is below the minimum order value at any other time. The order value and the minimum order value are based on the value after any promotional discounts are applied, but it excludes any Delivery Fee.

Order and Delivery Times:  You can view if we deliver to your area, and the days we deliver, from the FAQS section of the Phil & Guy’s website.

Order received before 10pm on Thursday subject to availability, will be delivered on Monday. Orders received by 10pm on Sunday will be delivered the following Wednesday.

Delivery: Phil & Guy’s will deliver the Goods to you at the Delivery Address on the date specified in the order confirmation. We will presume that anyone present at the Delivery Address who receives the Goods is authorised by you to receive the Goods. It is not possible for us to determine exactly what time on the delivery day that the driver will deliver your order.

If you request our driver to deliver the Goods beyond your front door and we agree that it is practical to do so, you agree to continually indemnify and hold harmless Phil & Guy’s (including its officers, employees, contractors and agents) from any Loss suffered or incurred through the delivery of the Goods beyond your front door. ‘Loss’ means any loss including any liability, cost, expense, claim, proceeding, action, demand or damage.

Special Delivery Instructions, Safe & Shady Place, and Authority to Leave: It is a mandatory requirement of placing an Order with Phil & Guy’s, that you nominate a safe and shady place where you authorise us to leave your cooler box on the day of delivery if you are not present when your order is delivered. It is your responsibility entirely to ensure, through your special delivery instructions and the location itself, that your safe and shady place is straightforward for our driver to find and safe for our driver to access. It must also be sufficiently secure as to avoid the possibility of your cooler box being stolen, and it must also be a location out of direct sun (especially on hot days in summer).

If you live in an apartment building with a security gate or premises where there is not a safe and shady space to leave your Goods if you are not home at the delivery time, we encourage you to direct us to deliver your Goods to an alternative address, such as your place of work.

By confirming your order, you grant Phil & Guy’s (including its officers, employees, contractors and agents) an Authority to Leave. You agree to continually indemnify and hold harmless Phil & Guy’s (including its officers, employees, contractors and agents) from any Loss suffered or incurred through the delivery of the Goods according to your specific delivery instructions. ‘Loss’ means any loss including any liability, cost, expense, claim, proceeding, action, demand or damage.

If we are unable to leave the Goods at your nominated delivery location, we will attempt to contact you by telephone for further delivery instructions. We reserve the right to charge an additional delivery fee if you direct us to deliver your Goods to an alternate location. Your Goods are perishable and are packed only in enough ice to keep them cool until 10pm on the day of delivery. If we cannot deliver them in accordance with your instructions on the agreed delivery date, you remain liable for the goods you have ordered, and yet we may be forced to discard those goods (due to failure on your part to enable us to deliver) without any liability to you to refund you for or replace those goods, or refund any delivery fee.

Order & Delivery Related Communications: We will confirm your order online at the time you place and pay for it via provision of a Phil & Guy’s customer order number. We will also send you an email confirmation of the completion of your order.

Phil & Guy’s provides a hard copy delivery note or invoice with the cooler box. But please also refer to your order confirmation email or your order history and tax invoices stored within your Phil & Guy’s Account.

Order Cancellation Timing (by you): You have 30mins from the time you place your order and receive your online order confirmation in which you may cancel your order, after which time your order is final, and you are committed to the goods and services being provided by Phil & Guy’s. You can cancel your order within this time period by contacting us at info@philand guys.com.au

If you cancel your order within this time period, the total cost of your order, including all fees and charges, will be automatically refunded to the payment type you used to place that order.

Order Changes to Items and Delivery Address (by you): It is not possible for you to change the items in an order, or the delivery address, once the order has been placed. If you have forgotten something or otherwise wish to amend your order, then within the first 30mins after placing your order you should contact us at info@philandguys.com.au, to cancel the order. You can then recreate the order with your amendments.

Delivery Date Change (by you): Depending on the time between when you originally place your order and the day you select to have your order delivered, you may or may not be able to subsequently change the day and time when your order is delivered. After 10pm on the day which is two days before your order is scheduled to be delivered, it will not be possible to change. Prior to this time email or call Phil & Guy’s to discuss options to change the delivery day. All other aspects of your original order, including the order number and pricing, will remain the same.

Order Cancellation & Amendments (by Phil & Guy’s): We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if the goods in that order are not available; or there is an error in the price or the product description posted on the Site for the Product in that order; or your order has been placed in breach of these terms and conditions.

If we cancel any part of an order we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order (or part of the cancelled order). We will reimburse you the purchase price of the cancelled part of your order, via a refund to your original payment method, or through an alternative means determined by us.

Out of Stock Items: Generally out of stock items will appear as such on the website, and you should not be able to order them. However, if a product you do order is later determined by us to be unavailable, we’ll let you know. You will not be charged for that item and the purchase price will be refunded to your original payment method, as determined by us.

Missing or Incorrect Items: If an item you have ordered is missing from the cooler box we deliver to you, and you have not already heard from us about a shortfall in your order, then please contact us immediately by email and briefly explain the issue making reference to your order number. If we agree that there is an error in your order, we will provide you with the item or items at a later time or refund you for the item or items that you ordered and that have not been supplied, or that have not been supplied correctly (such as a different flavour variant of a like product). We will not expect you to pay for items you have received incorrectly, and we will not ask for them to be returned.

Risk and Title in the Goods: Passes to you upon home delivery. If it is arranged by you and Phil & Guy’s to deliver your goods to an alternate delivery location due to us being unable to deliver to the delivery address and place you nominated, then risk and title in the goods passes to you upon our driver leaving the goods at that agreed alternate delivery location.

It is your responsibility to contact us as soon as possible on the day of delivery if there is any issue with your order. Failure to do so may limit the responsibility we can accept for the condition of the goods we have delivered to you.

It is a condition of placing an order with Phil & Guy’s that even after title in the goods have passed to you, that you will NOT on-sell, or attempt to on-sell, or otherwise trade the Phil & Guy’s branded goods.

Cooler Box: We advise you to transfer your Goods from the cooler box to a freezer, or fridge as appropriate, as soon as possible after delivery.

Return of Cooler Box: Please leave the cooler box in which we deliver your Goods out for collection by our driver at the time of your next delivery from Phil & Guy’s. We will only collect your empty cooler box if it is in a satisfactory condition and fit for reuse.

Packaging & Labeling of Goods: Phil & Guy’s aims to provide up-to-date details of the Goods sold via our website. At times, the details of the Goods may differ from the Goods actually supplied to you. Phil & Guy’s uses best endeavours, but does not warrant the accuracy of the information contained about the products, descriptions and pictures, and recommends that you read labels carefully before consuming Goods, together with any product specific updates on the product details page for that item on the Phil & Guy’s website or within your order confirmation email.

Serving Sizes and Portion Control Guidance: Phil & Guy’s aims to provide accurate guidance on the serving size and number of serves per pack for two main reasons.

Firstly, to try and inform our customers of the typical range of serves a pack contains so as you can best gauge the quantity of a particular item required for a given occasion, meal, or number of guests.

Secondly, we provide this serving size information, as an informative contribution to assist you in managing appropriate portion sizes. That said, every person and every occasion is different. For example, some people need to eat more than others to maintain a healthy weight.

We’ve tried to be accurate in all descriptions of our products and their size. If you need assistance in relation to portion sizes, please contact us at any time.

 

3.0 Payment, Fees, Pricing, Refunds and Credits

Payment Options: There are several convenient online payment alternatives including MasterCard, Visa & Direct Deposit. Credit card charges will occur on completion of the online order process. We do not accept payment in cash or cheque and delivery drivers cannot accept orders or payments. 

Total Price of Goods: Goods in your Order are charged at the purchase price published at the time you finalise and place your order, and that appears on the order confirmation email. The only exception is if an item is subsequently found to be out of stock or unavailable, in which case you will be refunded for that Good.

Unit Pricing of Variable Weight Items: All Goods sold by Phil & Guy’s are done so on a unit basis. That is, there is a single price for that particular item. Even those items such as meat or chicken that naturally vary in weight are still sold at a unit price. The unit price and the price per kilogram of these variable weight items are expressed on the website based on the minimum weight of that item. All variable weight items will always be equal to or weigh more than the labeled minimum weight so you will never receive a pack that weighs less than you have paid for.

Pricing Errors: Phil & Guy’s reserves the right to amend any pricing errors displayed due to human error, computer malfunction or other reason. Phil & Guy’s will notify you of any error in pricing and you may elect to not purchase any Good/s where the price has been corrected.

Delivery Fee: If required by Phil & Guy’s, you will be charged the delivery fee specified in your Order confirmation. We reserve the right to charge an additional delivery fee if we are unable to deliver the goods in accordance with your instructions or Authority to Leave.

If we have attempted to deliver but have failed to deliver because of a failure on your part to meet your responsibilities set out within these Terms and Conditions, then we reserve the right to withhold sufficient funds to cover such deteriorated Products and failed delivery or subsequent redelivery, without limitation to the value of the Goods and the delivery costs.

Promotional Codes and Promotion Pricing: We may from time to time issue promotional codes. These promotional codes are personal to the individuals we issue them to and cannot be transferred or sold. The promotional codes are subject to the terms disclosed at the time of issue. We reserve the right to cancel any or all promotional codes at any time if we suspect error, fraud or any other abuse of the codes is occurring.

Queries about charges: If you have any queries about your charges please contact us. Online credit card refunds will be processed on the next business day in accordance with your bank handling time, and any fees or charges from us will appear on your statement from your bank/payment provider as being from Zee Catering Pty Ltd.

Guarantees, Refunds and Returns: The Australian Consumer Law gives consumers rights in respect of goods and services they purchase, called consumer guarantees.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. Regardless of anything in these Terms and Conditions, you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You’re 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.

Please contact us if you are in any way not fully satisfied with the goods and services you have received from Phil & Guy’s. We’ll promptly review your situation or concerns and unless your dissatisfaction is due to a failure on your part to comply with your responsibilities as detailed in these terms and conditions, or is otherwise as a result of negligence or misconduct on your part, we will offer you a refund in lieu of those products or services deemed by you to be unsatisfactory. Refunds may take 3-5 working days to appear in your account.

Due to the perishable nature of the Goods, we generally cannot accept returns. However, we may need to inspect, or see a photo of any Goods which you deem unsatisfactory before agreeing to pay a refund, or to conduct product testing. Therefore in such instances, please take a photo that highlights the cause of your dissatisfaction and email it to us immediately, and please keep the affected Goods until we advise they can be discarded.

 

4.0 Definitions

Definitions and Explanation of Terms: Listed below are the meaning of certain terms used in this document:

Agreement, is this agreement between you and Phil & Guy’s to supply you goods and services, and consists of your Order and/or your Phil & Guy’s Account and these Terms and Conditions. An Agreement exists once Phil & Guy’s accepts an order from you which occurs when your order and payment is processed, or when you establish an Account with Phil & Guy’s.

Account is your online registration with Phil & Guy’s that enables you to store and retrieve your order, delivery and payment details via the use of your email address and a password you have selected.

Authority to Leave is you agreeing for Phil & Guy’s to transfer title and risk in the Goods to you when we leave your cooler box in your nominated safe and shady place, or another place at our discretion if your place is deemed inappropriate (not safe or not shady).

Conditions are these Terms and Conditions, and any additions or variations.

Delivery Address is the address where the goods are to be delivered as stated on the Order.

Delivery Fee is the fee payable to Phil & Guy’s for delivery of the goods to your Delivery Address and handling and other costs associated with processing your order, including but not limited to a click and collect order.

Goods are items in an order, and include packaging.

Intellectual Property Rights includes copyright, trademarks, patents, designs and protection of confidential information.

Order is an order by you to purchase goods and services from Phil & Guy’s.

Product List is the list of goods displayed on the Phil & Guy’s web site.

 

5.0 Website Terms and Conditions

Intellectual Property Rights: You acknowledge that Phil & Guy’s or its related corporations own or are licensed to use all Intellectual Property Rights in Phil & Guy’s, including any images, photographs or text that appears on the Phil & Guy’s web site. You must not make any representation to the contrary and you must not use or copy Phil & Guy’s in any manner inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. You acknowledge that any trademarks or logos that appear on the Phil & Guy’s web site are owned by or licensed to Phil & Guy’s or its related corporations, and that you must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.

Liability: We will use reasonable care and skill in providing the Phil & Guy’s website and the Goods for your use. We are responsible for loss suffered by you as a result of our negligence if it causes personal injury or death; or a serious breach of this Agreement by us, if that loss was reasonably foreseeable at the time.

Subject to this clause, and to the extent permitted by law, you release and discharge Phil & Guy’s and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with Phil & Guy’s or this Agreement (including the installation, downloading, use or performance of any software related to the Phil & Guy’s website or applications).

Provided that it’s fair and reasonable to do so, any liability by Phil & Guy’s resulting from a breach of warranty (express or implied) will be limited as follows. If the breach relates to the Goods, to the replacement of the Goods or the supply of equivalent goods, or to the cost of those Goods. If the breach relates to deliveries, to the re-supply of the delivery or the cost of having the deliveries supplied again. Phil & Guy’s reserves the right to provide a refund in lieu of provision of the goods and services.

These limitations don’t apply to any condition or warranty implied by legislation that does not permit Phil & Guy’s liability to be limited.

Use of Products & Website: Phil & Guy’s products are only for personal consumption and must not be resold for commercial use. You may only use the Website for personal purposes unless Phil & Guy’s provides express written consent to the contrary. Your use of the website is governed by these Terms and Conditions.

Username and Password: You are responsible for the safekeeping of your user name and password, and you’re liable if your account is misused by an unauthorised person.

Notices and Notice of Changes: Phil & Guy’s may add to, delete, or otherwise change any of the terms or conditions of this Agreement by giving you notice. Your use of Phil & Guy’s after such notice will constitute your deemed acceptance of such changes. Phil & Guy’s may give notice to you by email, conventional mail or notice on the Phil & Guy’s website. You may give notice to Phil & Guy’s by email to info@philandguys.com.au

Privacy & Security: For details on Phil & Guy’s commitment to your privacy, please refer to our Privacy Policy, available from the Phil & Guy’s website. The Privacy Policy forms part of these Terms and Conditions. You acknowledge and agree to our Privacy Policy.  

Termination: Phil & Guy’s may terminate or suspend this Agreement at any time by giving notice or by sending you a message advising that your shopping privileges have been removed.

Termination of this Agreement is effective the day the notice is received, or such later date as specified in the notice. Phil & Guy’s may remove anyone from the customer base, or terminate any Phil & Guy’s customer account or Order, or refuse to deliver to a particular address at any time. You may cease placing orders at Phil & Guy’s at any time.

We reserve the right to refuse service, terminate accounts and/or remove or edit content if we, acting reasonably, deem that you have acted in breach of these Terms and Conditions or have used the Site in a fraudulent or improper manner. Phil & Guy’s also reserves the right to otherwise cancel Orders.

Severability: Each provision of this Agreement is severable. The Agreement remains enforceable even if individual clauses are removed or deemed unenforceable. 

Copyright & Trade Marks: The Phil & Guy’s website and its contents are subject to copyright. The copyright is owned by Phil & Guy’s, or in the case of some material, a third party.

You may view this website and its contents using your web browser and electronically copy and print hard copies of parts of this site solely for personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of this site is strictly prohibited.

This website may include registered trademarks, and other trademarks that are otherwise protected by law. Except as expressly authorised, the use or misuse of any of these trademarks is strictly prohibited.

Disclaimer: You agree that your access to, and use of, this website is subject to these terms and all applicable laws, and is at your own risk. This website and its contents are provided to you on “as is” basis, the site may contain errors, faults and inaccuracies and may not be complete and current.

Phil & Guy’s makes no representations or warranties of any kind, express or implied as to the operation of this website or the information, content, materials or products included on this site, except as otherwise provided under applicable laws.

Neither Phil & Guy’s, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages whatsoever arising out of, or in any way related to, the use of this website and any other website linked to this website. This limitation applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for loss of profits, business interruption or the loss of data or information.

Viruses: Phil & Guy’s cannot guarantee that any file or program available for download and/or execution from or via this website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release Simplot entirely of all responsibility for any consequences of its use.

Spam & Cookies: We will never knowingly send you electronic messages without your consent.

Cookies are small pieces of information that your browser stores on your computer hard drive. We use cookies to provide you website usage information as well as to assist us to improve and develop the products and services we offer. Our cookies do not contain any personal identifiable information. If you disable cookies on your web browser, you may not be able to fully experience all features of the web page.

Third Party & Other Websites: This website may contain links to third party websites. Phil & Guy’s is not responsible for the condition or content of those sites as they are not under our control. You access those websites and/or use the website’s products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by Phil & Guy’s of the sites or the products or services provided on the site.

Phil & Guy’s does not permit any linkages to this website without prior permission.

Phil & Guy’s is not responsible for the privacy practices of websites that are linked to this website via hyperlinks, banner advertising or otherwise. Please take care at all times to check whose website you are visiting.

Applicable Law: This site is created and controlled by Phil & Guy’s. Your use of this site is governed by, construed and enforced in accordance with the laws of NSW, Australia. Disputes arising from your use of this site are exclusively subject to the jurisdiction of the courts of NSW, Australia.

This site may be accessed throughout Australia and overseas. Phil & Guy’s makes no representations that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.