TERMS AND CONDITIONS
By purchasing at Little Miss Indee you are agreeing to all conditions set out below.
This page (together with the documents referred to on it) tells the customer (You) the terms and conditions on which Little Miss Indee (We/Our/Us) will supply to You the products (Products) listed on our website littlemissindee.com.au (Our Site) . Please read these terms and conditions carefully before ordering any Products from Our Site. You should understand that by ordering any of Our Products, You agree to be bound by these terms and conditions. We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions. Please understand that if you do not accept these terms and conditions, you should not order any Products from Our Site.
1. Information
About Us. We operate the website littlemissindee.com.au. We are Little Miss Indee (ABN 27 707 133 872).
2. Service Availability
Customers must provide a valid email address and credit card for all orders accepted online. We do not accept orders by phone.
3. How the contract is formed between you and us
After completing the order process on littlemissindee.com.au, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. The Contract will relate only to the Product or Service you have ordered. Each order placed for Products through the site that we accept results in a separate binding agreement between you and us for the supply of those Products.
4. Change of Details
You must promptly advise us of any changes to your information provided to us as part of the customer registration process.
Changes to address details and/or delivery instructions must be communicated before the weekly cut-off the week prior to the effective date.
5. Price and Payment
From time to time Little Miss Indee may need to revise the price of its products up or down. You do not need to do anything to accept the change of price. You are under no obligation to accept the price revision. The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
Payment for all Products and Services must be by credit or debit card or any other payment method on the online checkout page.
6. Refunds Policy
Please see our Refund Policy for details on refunds
Pickups take place on nominated pickup days. During the ordering process, you need to select a date/pickup window for your order to be picked up. Ownership of the goods will transfer to you once you have picked up your order. You will be responsible for your order from the time that you have picked up the order. We accept no liability or responsibility for any product once the product has been picked up. Little Miss Indee accepts no liability or responsibility for incorrectly placed orders.
If you wish to have your goods delivered, you must live within our specific delivery area in order to be eligible. Click HERE to check your address.
We deliver throughout a specific timeframe on the nominated delivery day(s). Ownership of the goods will transfer to you once we have delivered to your nominated address.
During the ordering process, you need to select a date/delivery window for us to deliver your order to you. You also agree to provide us with complete and accurate information that we ask you to provide to enable us to fulfil your order. We will aim to deliver on the day specified. However, if an event occurs that is beyond our reasonable control, then we may not be able to do so and will not be liable to you or any other person for any such delay. In this instance, we will endeavour to provide you with notice of the delay as soon as reasonably possible.
We will deliver the Products to the front door at the relevant Delivery Address. You must make all appropriate arrangements to assist and allow us to deliver your order, including obtaining any prior security, or other, approvals which may apply to your delivery location. Little Miss Indee accepts no liability or responsibility for incorrectly placed orders. Nor do we accept liability or responsibility for delivery details which are incorrectly supplied, or you fail to supply.
You must be home at the expected delivery time in order for your order to be delivered. Meals are perishable, made and delivered fresh, not frozen and can therefore not be left out. If you advise Little Miss Indee of any specific delivery instructions in your order, Little Miss Indee will endeavour to comply with these instructions to the extent reasonably within its control.
You will be responsible for your order from the time we deliver your products to the nominated address. We accept no liability or responsibility for any product once the product has been delivered to you.
You understand that Little Miss Indee may need to change your delivery date and time from time to time. We will notify you as soon as reasonably practicable if your delivery date and time changes for any reason.
8. Acceptance or rejection of an order
We reserve the right to accept or reject your order for any reason, including if the requested Product is not available, if there is an error in the price or the product description posted on the Site or in your order. If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
9. Warranty
Our products 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 for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
The consumer guarantees that apply to goods you purchase:
Goods will be of acceptable quality
Goods will be fit for a particular purpose
Goods will match their description
Any express warranties will be honoured
You will have title to the goods
You will have undisturbed possession of the goods.
You acknowledge that the products displayed on the Little Miss Indee website are indicative only and that the products you receive may vary from those displayed
according to seasonal availability. In particular, Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in
true colour nor that any given image will reflect or portray the full design or options relating to that product.
10. Vouchers and Gift Cards
We may offer gift cards, discount promotions and other types of voucher (Voucher) which require to be activated by email application in order for the holder to commence delivery of Products through a Service. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these terms and conditions shall become applicable as between us and the holder of the Voucher (Holder) when the Holder redeems the Voucher by applying for a Service to commence.
A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed, resold or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.
We reserve the right to withdraw or cancel any Voucher (other than a paid-up gift card) for any reason at any time. Vouchers may only be redeemed through the website
littlemissindee.com.au and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online
checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher.
Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges (where applicable), which will be chargeable at normal
rates.
11. Risk and Title
The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
12. Disclaimer and Limitation of Liability
The following paragraphs exclude or limit our liability for your use of our website. They all apply so far as the law permits. While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on our website, that information is provided in good faith and on an “as is” and “as available” basis and we do not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information.
We do not represent or warrant that our website will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system.
You must take your own precautions to ensure that the process which you employ for accessing our website does not expose you to the risk of viruses, malicious computer
code or other forms of interference which may damage your computer system or any other computer system. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. The collection, use and disclosure of your personal information is also subject to our Privacy Policy.
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use our website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through our website.
If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty, to the extent permitted by that legislation, and at our option, to the supplying of the products again refunding the purchase price of the Products.
13. Important notice about linked websites
Our website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent we stipulate to the contrary. To the extent permitted by law, we accept no responsibility or liability for, and give no warranty (express or implied) of any kind in respect of, linked websites and your use of them or any products or services available on or through linked websites.
14. Transfer of rights and obligations
The contract between you and us is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved. You may print off one copy, and may download extracts, of any pages from our site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a license to do so from us and our licensors.
If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorise us to quote from your Commentary on our site and in any advertising or social media outlets which we
may create or contribute to.
16. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action;
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
Impossibility of the use of public or private telecommunications networks;
Epidemic, pandemic or other health emergency (whether declared or not);and
The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17. Waiver
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
18. Severability
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. Entire agreement
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract. We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this clause limits or excludes any liability for fraud.
20. Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
21. Privacy
The Little Miss Indee Privacy Policy is a separate document available on the Little Miss Indee website. We may use your contact information to send newsletters from us. You can find the Little Miss Indee Privacy Policy HERE
22. Governing Law and Jurisdiction
The laws of South Australia and the Commonwealth of Australia apply to these terms and conditions. All disputes will be heard and settled in accordance with the Courts of South Australia and any courts of appeal therefrom.
