TERMS AND CONDITIONS

DEFINITIONS
1. These Terms of Sales are referred to as the Terms.
2. In the Terms, the following words have the meanings given to them:
  1. Delivery Fee means the $7.00 fee charged to deliver your Order. The Delivery Fee is subject to change without notice.
  2. Delivery Date means the date you place the Order on the Website during the checkout process of the Order.
  3. Order means your purchase of our Product/s via our Website.
  4. Products means the products offered for purchase on the Website from time-to-time.
  5. Website means the website owned and operated by RFGA Management Pty Ltd at https://rackembonesbbqribs.com.au/.
YOUR ACCEPTANCE OF TERMS
1. By using (including, but not limited, browsing, submitting enquiries and or placing an Order), you agree and accept the Terms.
2. We may amend the Terms from time to time, with immediate effect.
3. By agreeing to these Terms, you represent that you are at least 18 years of age.
4. You acknowledge and agree that although we will use all reasonable endeavours to ensure that the Website is available, temporary interruptions (including for maintenance or restricted access to parts) may occur. We will not be liable for any reason where our Website is unavailable.
PRODUCTS
1. All Products are subject to availability and may be discontinued.
2. Products and descriptions displayed on the Website are published using the information available to us, which was accurate at the time it was published. Where an error or omission occurs, we will update our Website as soon as practicable.
3. Product descriptions and pricing are subject to change at any time, without notice, at our sole discretion.
4. Due to the nature of the Products, there may be variance in the size of our Products.
5. We may use props on our Website for advertising and display purposes. Props do not form part of a Product. You should refer to the description of each Product of your Order.
6. Care of perishable products
7. Products should be consumed on the Delivery Date within 90 minutes of receipt of delivery.
8. If Products are not consumed in accordance with clause 3.6 of the Terms, the Products should be refrigerated at less than 4°C and consumed within 48 hours.
9. If Products have not been stored in accordance with clause 3.7 of the Terms and have prolonged exposure to conditions greater than 5°C for more than three (3) hours, the Products may pose a health risk and should be immediately disposed of.
10. If the Products are not consumed in accordance with clause 3.6 of the Terms, there will be a noticeable difference in quality.
11. Allergies
12. Your Order may contain Products which contain allergens. Please refer to the details on our Website footer labelled ‘Nutrition’ for allergen information on each Product. It is your responsibility to review this information prior to placing the Order. We are not responsible for any reactions to allergens or ingredients which have been declared in our Products.
PRICING AND TRANSACTIONS
1. Pricing
2. Prices for our Products are subject to change without notice.
3. All prices quoted, unless otherwise stated, are inclusive of GST and in Australian Dollars.
4. Product prices on the Website do not include the Delivery Fee, which is an additional charge.
5. Any additions made to the Products will be at an additional charge.
6. Transactions
7. We accept payment by Visa, Mastercard and American Express.
8. When providing your credit or debit card details, you agree that you are authorised to use that card and that it has sufficient available funds to cover the Order price.
9. Except in the case of our negligence, we will not be liable to refund you for any Order which has been paid for by a third party, using credit card information which has been improperly or fraudulently obtained.
DELIVERY
1. Details
2. You must provide us with correct and accurate information we require to process your Order.
3. If you have any delivery instructions that will assist to deliver your Order to the intended location and recipient, please add them in the delivery instructions field at the checkout on the Website.
4. It is your sole responsibility to ensure that the address noted as the address for the delivery at the time the Order is placed (Delivery Address) is correct and accurate.
5. We provide tracking information to you when the Order is out for delivery, and when it has been delivered.
6. Risk and Liability
7. Risk to the Order transfers to you upon delivery of your Order to the Delivery Address.
8. Due to the nature of the Products, Orders will not be permitted to be left in a safe location and must be received in person at the Delivery Address, however, in circumstances where non-contact delivery is requested or required, you authorise us to leave your Order at the Delivery Address for your immediate collection.
9. You unconditionally release us, and we accept no liability arising out of, any failed delivery or other issue because the Delivery Address you provide us:
  1. was not correct or complete; or
  2. results in a delivery to a reception, front office or similar type of delivery point.
10. We are under no obligation to confirm your Delivery Address or take action to correct an incorrect or incomplete Delivery Address.
11. Where an incorrect or incomplete Delivery Address is provided, it may result in an undelivered or misdelivered Order. We have unfettered discretion to attempt to deliver the Order to a new or updated Delivery Address, however, such will result in a further Delivery Fee being charged.
12. Delivery Areas and Limitations
13. We deliver to the Delivery Address, subject to it being within the boundaries of our current delivery area (Delivery Area).
14. To confirm the Delivery Area, you are required to input your Delivery Address on the ‘Order Now’ page of our Website.
15. The Delivery Area is subject to change without notice and delivery outside of this area is not available.
16. To assist with effective delivery, you should ensure a person will be in attendance at the Delivery Address on the Delivery Date to receive your Order.
17. If the Delivery Address is a hospital, the ward, room and bed number must be provided to us at the time the Order is placed.
18. We are not able to deliver to P.O. Box addresses.
19. Delivery Dates and Times
20. We endeavour to deliver Orders within 45 minutes of placement of the Order, however, delivery times are determined by various factors, some of which are outside our control. For this reason, delivery of the Order can occur at any time on the Delivery Date.
21. Deliveries on public holidays are available, except when stated otherwise.
22. Third-party delivery agents are engaged by us to deliver your Order.
23. Communications
24. As part of the Order, you must provide us with a current and valid phone number (preferably a mobile phone number) and a current and valid email address (Contact Information). We (and our third-party delivery agent) will communicate with you via the Contact Information.
25. If you do not provide us with Contact Information, or the Contact Information you provide is not accurate, and we need to contact you, but cannot (Failed Communication), you unconditionally release us and we accept no liability whatsoever that might arise out of any undelivered Order or Failed Communication.
26. We will contact you by email or by phone (at our election) about your Order or provide general communications by posting notices on the Website.
ORDER CHANGES
1. An Order is final at the time we process your payment and issue a confirmation of your Order. You are responsible for and must ensure that your Order is correct before payment.
2. We may, in our sole discretion and without having to provide you with a reason, refuse to alter or amend any Order at any time.
3. In limited circumstances, we may, at our sole discretion agree to vary an Order, where a request has been made by you in writing. However, we will be unable to agree to any change, if the request is received after the Order is out for delivery.
4. We are unable to provide any alterations or amendments (including cancellations) for Orders that have already been prepared and or are in transit.
5. Where a product is out of stock or becomes unavailable for circumstances outside our control, we will communicate this to you via the Contact Information provided by you and provide you with options for any substitutions, alterations, or amendments (including cancellations) for your consideration.
6. Any substitutions and or alterations to the Products of an Order accepted by you, will be of similar quality and value.
CANCELLATION & REFUNDS
1. You must inspect the Order immediately upon receipt at the Delivery Address. If the Products are damaged or faulty upon delivery, or if there is a shortfall or error in your Order, in addition to the rights and remedies you may have as a consumer under relevant law including the Australian Consumer Law, you may submit a claim to us.
2. To submit a claim, you must contact our Customer Care Support within 24 hours of receiving your Order, via email to customercare@rfg.com.au and provide the following details:
  1. your full name, address, telephone number (during business hours) and email address; your Order number; a detailed explanation of the fault, error or reason for the claim; and clear photographic evidence of the fault, error or reason for the claim.
3. Delivery Occuring without due care
4. Where we assess (in our sole discretion, acting reasonable) that the cause of the Claim was either due to:
  1. Products being damaged during transit to your Delivery Address; or
  2. Products being of unacceptable quality at the time of delivery, we will, at our option:
  3. replace your Products at our cost with identical Products or Products of equivalent value; or
  4. refund your Order (in full or part).
5. Where we determine that there was a genuine error or shortfall with your Order, we will endeavour to correct that error or shortfall.
6. Your Claim will not be accepted by us if:
  1. the fault or damage to the Products was caused by you or a third party (excluding our third-party delivery agent); or
  2. the Products has been modified or tampered with in any way by you or a third party (excluding our third-party delivery agent).
7. Subject always to your rights under applicable laws, including the Australian Consumer Law, we reserve the right to refuse your Claim for a refund for reasons including, but not limited to, where:
  1. damage to the Products was not caused by us or our third-party delivery agent;
  2. damage to the Products was caused by improper or inadequate care;
  3. you fail to provide sufficient proof of fault;
  4. there was an error or unsatisfactory reason for the Claim; or
  5. there was unreasonable delay in submitting the Claim.
8. We do not provide refunds for a change of mind.
9. We reserve the right, to limit the sales of our Products to any person, geographic region or jurisdiction.
PROMOTIONS AND DISCOUNTS
1. We may conduct promotions and discounts on the Website from time to time
2. Promotions
3. The terms and conditions for each promotion will be published on the Website from time to time.
4. Discounts
5. We may provide discounts to the price of our Products from time to time. Discounts, when available:
  1. apply to the Product price, and unless otherwise specified, do not apply to the Delivery Fee;
  2. may not be combined with any other offers, discounts or gift vouchers;
  3. must be applied at the checkout prior to payment;
  4. may not be redeemed for cash or transferred; and
  5. will not be applied to an Order after an Order has been paid.
6. These terms and conditions apply in conjunction with any terms and conditions, written on or associated with the discount given to you.
CUSTOMER DATA AND COMPLAINTS
1. Your submission of personal information and data on the Website is governed by our Privacy Policy, the terms of which are located on our Website footer labelled ‘Terms | Privacy’.
PROHIBITED USES
1. In addition to other prohibitions in these Terms, you are prohibited from using the Website or its content:
  1. for any unlawful purpose;
  2. to solicit others to perform or participate in any unlawful acts;
  3. to violate any international, federal, or state regulations, rules, laws, or local laws;
  4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  5. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet;
  6. to collect or track the personal information of others;
  7. to spam, phish, pharm, pretext, spider, crawl, or scrape;
  8. for any obscene or immoral purpose; or
  9. to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet.
2. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.
FORCE MAJEURE
1. We do not accept any liability for anything that, if not for this provision, would or might constitute a breach of these Terms in relation to our Product/s or delivery of our Product/s, where this arises out of circumstances beyond our control, including but not limited to:
  1. acts of god;
  2. natural disasters;
  3. sabotage;
  4. accident;
  5. riot;
  6. shortage of supplies, equipment, and materials;
  7. strikes and lockouts;
  8. pandemic or epidemic;
  9. civil unrest;
  10. computer hacking; or
  11. malicious damage.

Security

Our website uses Secure Sockets Layer (SSL) technology, which uses 128 bit encryption. SSL locks all information passed from you to us in an encrypted envelope, making it extremely difficult for this information to be intercepted. Secure details will never be provided to unauthorised third parties.