Terms and Conditions
In order to use our services and the purchase of products for delivery, by accessing the Pink Lemonade Pty Ltd (“Company”) operating as Pink Lemonade (“we”, “us” or “our”) website at www.pinklemonade.melbourne (“website includes the mobile Customer Application”), please carefully read these Terms and Conditions (“Terms”). We own all intellectual property of the website and all related applications and the API. Upon accessing our website and registering as a user, you indicate that your have accepted our Terms of our website including our Privacy Policy. If you disagree with any of the Terms, please do not proceed to register as a user of our website.
For an account registration, you warrant that all personal information and data provided is complete and accurate and any changes will be promptly updated on your user account. Upon registration to access the website, you will be issued a dedicated username and password. It is your responsibility to protect and keep most confidential your issued username and password (or your chosen changed password), as all activities on your account will be deemed to have been authorised by you. You consent to immediately notify us of any security breach on your account so that we may suspend your account until the security breach is investigated and if required, terminate the account.
Only one account is allowable per person and this account is personal and non-transferable. We only permit persons over 18 years of age to be eligible to register as a user and deem your registration, whilst not requesting a date of birth, to be eligible per our Terms. Your use of the website is entirely at your own risk. Any violation of registrations per our Terms, will result in the account being closed and terminated.
We advise that these Terms shall be amended from time to time and you agree to review the Terms regularly and accept the new Terms or discontinue the use of the website, if you disagree with the new Terms. Any new Terms will be effective and apply from the date it is amended on the website, and not retrospectively.
Disclaimer
The information provided on the website is uploaded without any representation made and neither are any warranties made. We also make no warranties for any transmission issues, loss of data, virus or infections via internet-based viruses or worms, or that the website will be error-free.
Our responsibility ceases upon the delivery of the product box (includes all fresh produce and grocery lines and flowers) to you. Any further use or actions on the product box, for example, food handling, storage, washing, preparation, cooking and consumption is your own responsibility.
We will disclose any allergies and nutritional value on packaged products, as required by law and it is your duty to strictly read and follow these product disclosure labels.
Privacy Policy
All personal information collected via the website is confidential and securely maintained and used solely for the purpose of creating a user account and for promotional marketing purposes, whether directly or through third-party marketing. All personal information is subject to our Privacy Policy.
Please refer to our Privacy Policy in relation to the collection and use of your personal information provided to us.
Applicable Law
The Australian Consumer Law will be applicable in using all aspects of this website as a user. Nothing in these Terms limits your rights under the applicable law. Because we are based in Victoria, these Terms are governed by the laws of Victoria. Any disputes will be subject to the jurisdiction of the courts in the state of Victoria, Australia. These applicable Terms will always be effective even after the cessation of your access rights and usage, including all limitation and liabilities.
Limitation on Liabilities and Indemnity
Unless prohibited by Law, we will not be liable for any incidental indirect or direct, consequential, exemplary or punitive damages of any kind arising from your use of our website and the ordering and delivery of the products to you. Whilst all care is taken to provide up to date information on our website, in no event shall we be liable for omissions, interruptions, defects, errors, viruses, trojan horses or worms, transmission delays or failure of any kind on the website, regardless of the form of action, foreseeable or otherwise. You consent to indemnify us and our licensors, from all or any claim of litigation including legal costs out of any non-compliance or breach from these Terms or applicable law.
Communication
By agreeing to become a user of our website, you agree and consent to receive communication via email, phone, text or via the Consumer App in relation to your account, payment details, specials and promotions and any other communication deemed necessary as a user and customer. You are entitled to unsubscribe or stop promotional communication should you so desire by following the necessary steps noted in our electronic communication message. We will acknowledge your opt-out request and update our system accordingly. We may then send one final survey to gain valuable customer feedback.
On-line responsibility and conduct
Upon registration as a user, you are given a limited licence to access the website for its intended purpose of ordering products for home delivery and paying on-line for these deliveries. You agree not download , reproduce, or copy any information, text, graphics, descriptions, prices, videos or others personal information for any reason whatsoever and not to use the website or customer app for any other purpose that is not authorised or sanctioned that will bring into disrepute or threaten, violate our website, Company, other users or our suppliers and related parties. Any breach of any of these Terms will result in immediate termination of access to your account and the breach will be reported to the relevant authorities where applicable, and recovery of any liability and costs in the courts.
Orders
Upon accessing your website and placing an order and payment made with your preferred payment channel, you will receive an email notification that we have received the order. Your order will be confirmed once the payment is approved and then it will be processed for packaging and dispatch. There is no minimum or maximum order value or quantity and each order will attract a delivery fee that will be advised on check-out.
Discount offers and coupons plus Free product offers
Whenever we offer discounts, coupons and free products in our ordering process at various times, we request that you agree and consent to using these offers within the spirit of the offer and not abuse it, either knowingly or otherwise. We have final determination as to the approval of the offer and its validity.
Payment Terms
All orders will be required to be paid on completion of the order via the website, unless previous private credit applications and arrangements have been approved by us, and are in place. Payment can be made via a lawful and valid debit or credit card or bank transfer and upon confirmation of the payment receipt, the order will be deemed complete and ready to be packaged and delivered per the delivery schedule. Submitting a valid debit or credit card for payment on the website warrants us to charge the card as the preferred payment channel, through our payment gateway.
If the debit or credit card is invalid or cannot be processed or is declined for any reason or is not able to be verified and processed, then the order will be suspended and eventually cancelled if the payment is not rectified by the intended delivery date. Please note that any payments attempted to be made with a fraudulent debit or credit card will be rejected and the relevant authorities will be contacted and notified.
Standing Orders
We also offer a standing order subscription that can be set up via your user account. This subscription will renew automatically until you cease it via your user account. You agree and consent that your payment channel via your debit or credit card submitted will be charged for payment for an active standing order in your shopping cart. Your submitted payment method will be charged 2 days before your active order is to be dispatched from our warehouse. If the payment is unsuccessful or is not able to be processed, we will attempt to process the payment method until it is successful. Only then will the order be packaged and dispatched. Please note that this may delay the completion of the order and may miss the intended delivery date. If the payment continues to be unsuccessful, we will send you a notification to rectify the payment method or the order will be cancelled.
Cancellation of Standing Orders
All standing orders will be processed automatically according to your nominated delivery schedule. Your submitted payment method will be charged 2 days before the delivery is dispatched from our warehouse. Should you wish to cancel or suspend the standing order, it is your responsibility to ensure that this is processed on the website, at least 2 days prior to the scheduled delivery. If this is not executed via your account, the standing order is deemed to be active and continuing and that order will be processed and you will be liable for that order and your payment method will be charged for that order.
Pricing and Weights
All efforts are made to update prices on the website and the app but prices are subject to change at any time as many of the products offered are subject to external factors like climate, supply, scarcity and seasonal. However, when you place your order, the shopping cart prices listed are final upon your checkout, irrespective of any prices changes thereafter. Delivery fees will be added to the product order to determine the final invoice price to be paid at checkout. Where orders include products based on weights, you agree and accept that a 10% variation over or under, will constitute the acceptable product ordered. Whilst all endeavours are made to ensure accuracy of the weights, variations may happen from time to time.
Product Availability
Upon ordering, please check the availability of the product ordered. If the product is unavailable, we will delete it from the product list but from time to time, this may not occur and the product ordered may not be available for dispatch even if payment has been made at checkout. Should this occur, we will either offer a substitute like for like product or issue you a credit for the product in your Credit Wallet.
We will also offer a Value Box range and various recipes on the website. For the Value Boxes, due to seasonal fluctuations in the supply of fresh produce, there at times will be scarcity of a particular produce. You agree and consent, that we will replace it with a similar produce at comparable prices and you will be notified of the replacement upon delivery in the Value Box. For the recipes, all diligence will be taken to ensure the full range of required ingredients is available. However, if there is unavailability of any ingredient for any reason, you will be offered an alternative recipe or a credit in your Credit Wallet.
Product Replacement and Wallet Credits
There will be occasions that the produce and/or products or Value Boxes or Recipe Box, you have ordered may be unavailable. This may be due to seasonal availability, scarcity, climate or a variety of other factors beyond our control. If the produce you ordered in the shopping cart is unavailable and has already been paid for at the checkout, we will offer you a like for like produce or alternatively, issue you a credit for the value paid for the unavailable item, in a Credit Wallet on your registered account. This Credit Wallet will be available to be used against future orders on your account. The credits in the Credit Wallet is not transferable and will not expire for a period of 12 months from the date of the credit. Should you terminate and close your account prior to the expiration of that 12- month, we will refund the amount in the Credit Wallet back to your nominated credit card or bank account on the website.
If a significant number of produce or products ordered are unavailable, we reserve the right to cancel the order and issue a credit to your Credit Wallet with the full value of the order including the delivery fee paid at checkout.
If you believe that there is a discrepancy about the credit balance in your Credit Wallet, please email us at pantry@thepitstop.com.au and we will respond to your query after investigating the matter. All decisions regarding the Credit Wallet will be at our discretion and will be final and will be advised to you via email.
Deliveries
All deliveries will be either made directly by us or via our contracted courier company. Deliveries will be made to the specified address on your user account when the order is placed and the any delivery instructions will be adhered to. Should there be no-one to receive the product box when it arrives, you agree and consent that the product box will be able to be left unattended at the designated delivery area as specified on your user account when the order was placed. It will be acknowledged that the delivery has been completed and finalised.
Product boxes will be delivered with ice-packs, where required for meat and other products according to Food Health and Safety standards.
These are the conditions in relation to the deliveries. It is your responsibility to:
Ensure that the delivery address and delivery instructions are correctly noted and accurate on your account on the website. We are not responsible for any deliveries to incorrectly specified addresses nor for any quality of the products due to the delay in any re-delivery as a result of incorrect addresses or instructions on your account.
Inspect the product box as soon as practicable to verify that your whole order has been duly fulfilled. Any missing items or inferior quality produce should immediately be notified to us via email at pantry@thepitstop.com.au or via the Live Chat. We will not entertain any request for missing or inferior quality products after 24 hours of the delivery has elapsed.
Store the delivered products appropriately upon receipt, including immediate refrigeration where necessary. We accept no responsibility for contaminated products not properly refrigerated.
Should there arise an instance beyond our control and due to unforeseen circumstances, that the delivery is unable to be made on the scheduled nominated delivery day, we will take all care and diligence to ensure that the delivery is made as soon as practicable to that that nominated delivery day. You will be advised by electronic means should this occur and when the delivery will be expected to be completed.
We will also be offering an “Order & Pick Up” designated collection points from time to time. All orders sent to the designated pick-up point will be deemed to be complete and finalised, once the drop off is made and acknowledged by the authorised recipient. It is your responsibility to ensure that product box is collected from the pick up point in a timely manner and we will not be responsible for reduced quality of the products due to delays in collection.
Serviceable Area
The website will service the area within Australia and we make no representation of the use of website for International Use outside Australia. We will be servicing areas within our limitations and will be advising areas within Australia to be serviced on the website. You may be able to ascertain the availability of our service based on your postcode. We make no representations of the use of this website outside of our areas of service.
Contact Us
Should you have any queries on concerns with these Terms, please contact us via email at inquiries@pinklemonade.melbourne or via our Live Chat on the website.
These Terms and Conditions were last updated on 1st December 2020