TERMS AND CONDITIONS

General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.

We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

Service Availability

At this time this Website and our products are only available to people residing in Australia, as such we do not accept orders from individuals outside Australia.

Your Status

By placing an order through our site, you warrant that you are at least 18 years old and you are residing in Australia.

Orders

When you purchase a product or service from us, we may request certain personal identifiable information from you. You may be required to provide contact information (such as name, email, and delivery address) and financial information (such as credit card number, expiration date and CCV).

Cancellation Policy

Due to the nature of our business goraw desserts requires a minimum notice of 48 hours prior to order cut off mentioning your intention to cancel your order. This must be done by calling our Customer Care Team on 0401 239 341.

Promotions; Giveaways and Discount Vouchers

We are always looking for ways to make our customers smile, and as such, we often run promotions and giveaways. For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you must agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these terms, those terms and conditions will prevail.

goraw desserts exercises the right to end promotions at any time with no prior warning. Promotions and offers generally end at 11.59pm AEST unless otherwise specified, or the offer has reached its cap prior to this time.

Availability & Delivery

After ordering online, you will receive an email confirmation from goraw desserts containing your order details to the email address used to place the order. Our current delivery areas are found at Delivery Areas. To find out if we deliver to your area, input your postcode on the Delivery Areas page or contact Customer Care on 0401 239 341. Delivery addresses and the day of delivery may not be altered once an Order has been placed.

Unfortunately, goraw desserts cannot give or adhere to a request for a specific delivery time. goraw desserts accepts no liability for the loss or deterioration of any goods once they have been delivered in accordance with the Customer delivery instructions and our terms and conditions.

goraw desserts will not be held liable for any financial or physical damages of any kind. goraw desserts will not replace or provide a refund for any desserts ordered by the customer by mistake. Customers must notify goraw desserts if they have received an incorrect meal or are missing a meal within 24 hours of delivery by phone on 0401 239 341. Missing desserts will be either refunded to the customer by the same payment method used initially or a coupon code will be created to be used with the customers next order. Failure to comply with these policies will result in no replacement dessert, refund or credit.

goraw desserts reserves the right to change or alter delivery days and cut off periods without notice.You can check your delivery area, including your order cut-off times, here.

At times of high demand, some items you are trying to order may not be in stock in time to fulfill for your delivery.

Risk and Title

The title in the Products will pass to you from the time of delivery.

Price and Payment

The price of the Products and our delivery charges will be as quoted on the Website from time to time, except in cases of obvious error. We may change Product prices and delivery charges at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

Payment for all Products must be by credit or debit card or Paypal. We accept payment with American Express, Visa and Mastercard.

Our Refund Policy

Our Return & Refunds Policy covers refused and returned orders due to system error, and/or driver inability to safely and correctly deliver an order. It does not cover customer error, in choice of product or quantity.

This refund policy does not apply to goods which have been opened, used or damaged after delivery, or if any attempt has been made to alter the product. If for any reason you receive a delivery in error, you must contact Customer Care on 0401 239 341 within six (6) hours to organise re-collection of that order.

All products and orders must be returned in their original condition. Failure to contact goraw desserts within the designated time will deem the goods spoiled and your acceptance of the delivery, which you will be charged for. goraw desserts may refund payment in the event that there is a confirmed error on our end and/or you have been incorrectly charged.

All products and orders must be returned in their original condition. Customers bear all costs associated with the refusal and return of any order if there is no fault on the part of goraw desserts. Failure to adhere to the terms and conditions of goraw desserts will prohibit any refunds or credits being issued to the Customer.

goraw desserts will not be held liable to any financial or physical damages of any kind. For any delivery or dessert issues or feedback, please contact our customer service team on 0401 239 341 or send email andrej@gorawdesserts.com within 7 days of receiving your order. Photos of the dessert and / or delivery are required to assist in our investigation. For minor complaints, a voucher code may be offered in lieu of a refund.

Warranties and Disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

Allergies & Pregnancy Related

goraw desserts strongly suggests that you consult your Doctor prior to consuming goraw desserts. It is the customer’s responsibility to refer to the Nutritional Panel and Ingredients of each dessert before purchase. While goraw takes all due care to keep allergy prone ingredients out of certain meals, please be aware they may still be present.

goraw accepts no liability whatsoever to any allergic reaction by a Customer as a result of consuming a goraw dessert – this also applies to expecting mothers.

Disputes

All disputes to be lodged at andrej@gorawdesserts.com in writing, explaining the details of the dispute. Intellectual property rights. Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors. Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties.

In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

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, lockouts 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; and the acts, decrees, legislation, regulations or restrictions of any government.

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.

User Comments, Feedback and other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

Governing law

Your use of the website and these Terms are governed by the law of Queensland and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland.