Terms and Conditions
This website www.efoods.com.au is owned and operated by Blue Endeavour Pty Ltd (ABN 970 9733 7598) ("Endeavour Foods", "us" or "we") where visitors can browse, select and order products advertised on this site.
These Terms set forth the terms and conditions under which you may use our website and services as offered by us.
By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
“The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method.
All information disclosed to Endeavour Foods regarding the delivery of the order must be accurate and complete.
You must live within Endeavour Foods outlined delivery area to order.
Please take care when specifying your delivery address as refunds will not be given if you enter your address incorrectly.
Ownership of the products will transfer to you once we have delivered.
Orders for delivery to addresses that are not in the Endeavour Foods delivery area cannot be processed. We’ll let you know if your Delivery Address is not within the area in which Endeavour Foods delivers goods.
We will deliver the products to the front door of your nominated delivery address (Delivery Address). You must make all appropriate arrangements to assist and allow us to deliver the products, including safe access and obtaining prior security or other approvals which may apply to the Delivery Address.
Please take care when placing your order. We accept no liability or responsibility for incorrectly placed orders. Nor do we accept liability or responsibility for delivery details which are incorrectly supplied, or which you fail to supply.
If you will not be home at the expected delivery time, we recommend you nominate a cool safe place for delivery of the products (this can be done at checkout). If you do not provide a specific place for delivery, we will leave the products at your front door. If you advise us of any specific delivery instructions in an order, we will endeavour to comply with these instructions to the extent reasonably within our control.
You will be responsible for an order from the time we deliver the products in accordance with your instructions listed. We accept no liability for any product once the product has been delivered to you.
Returns & Refunds
If there are any issues with products received, you must notify Endeavour Foods within 2 hours of receipt of delivery to be eligible for a credit or refund.
Retention of right to change offering
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
Ownership of intellectual property, copyrights and logos
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Endeavour Foods. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
Right to suspend or cancel user account
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment
You agree to indemnify and hold Endeavour Foods harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall [website owner], be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Endeavour Foods assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
Right to change and modify Terms
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
Promotional emails and content
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
Preference of law and dispute resolution
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Western Australia, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Western Australia. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.