Global Chef® Terms & Conditions
Terms & Conditions
Welcome to the Global Chef Pty Ltd (ABN 11061613269)website (hereinafter "We", "Us", "Our" and "Us").
If you do not understand these Terms and Conditions or if you have any questions, please contact our Customer Service Centre and a representative will be happy to assist you. The Customer Service team operates on Monday to Friday (excluding public holidays in Australia) from 9.00am until 5.00pm (Australian Eastern Standard Time).
The contact phone numbers for our team are:
Callers from Australia: 1800 042 066
Callers from overseas: + 61 7 32791502
or contact us via email email@example.com
To the fullest extent permitted by law, this supersedes all prior terms, conditions, warranties and/or representations.
The information on these pages governs your use of our Web site.
By accessing or using our Web site in any way you agree to and are bound by the terms and conditions set out here, and you agree to obey and comply with these terms and conditions.
General Terms and Conditions / Errors and Omissions
1. An Official Purchase order is required to commence production of a client order.
1.1. All Orders must contain a Street Address. P.O Box numbers are not acceptable.
1.2 Any "Samples" requested must be covered by a credit card authority on a 14 day sale or return basis.
1.3 Embroidery items (Logos) will incur a set-up charge to be paid in advance. Thereafter no set-up charge will be required on re-orders. No refunds, exchanges or exchanges on Embroidered garments
1.4 Customised Products require full payment in advance and no returns, exchanges or refunds accepted on custom made products.
1.5. Any returned goods purchased will be subject to a 15% restocking fee plus any delivery related costs payable by the buyer. No goods accepted for return unless a Return Number has been applied for. If returned goods are not in clean condition then no refund or exchange will be provided unless there is deemed to be a fault of the supplier. No goods accepted for return after 30 days of delivery. Any immediate error must be notified within 7 days of receipt of goods or no claim will be accepted e.g. wrong goods sent/ incorrect invoicing or other administrative error.
1.6. All international orders or special production orders are to be paid in advance unless separate credit arrangements have been applied for and approved by our International Credit Department.
1.7. If Credit is approved it is only granted when the Directors Gaurantee has been signed and witnessed plus will be based on the following conditions.
• Shelf Stock items require 60% deposit with official purchase order and balance on email copy of shipping documents.
• Special items (includes embroidered items) require 100% prepayment with official purchase order.
1.8 Credit Card Surcharges: Amex Credit Card attracts a 2% surcharge. 1.5% or Mastercard and Visa cards.
2.1 Purpose of the Web site: All information and images on this Web site are for informational purposes only and are not offered as any form of advice regarding any specific products, facts or circumstances. Global Chef Pty Ltd (ABN 11061613269) will not be responsible for any action or failure to act in reliance upon information on the Site or any third-party online location which may be accessed by a link from the Web site.
The site is designed to promote and sell garments, footwear and tools for use by chefs, cooks and cookery students.
3. PLACING ORDERS FOR GOODS
3.1. You may place an Order through the Website by submitting the electronic Order form on the Website.
3.2. An Order submitted by you on the Website in the manner described on the Website is an offer by you to purchase Goods for the Price (which for the avoidance of doubt, includes GST for deliveries to Australia) plus any Delivery Fee as specified at the time you submit your Order. That offer cannot be withdrawn by you without our prior consent.
3.3. You acknowledge that all Orders through the Website are with respect to Goods intended for personal and domestic use only and non-commercial use, and quantity restrictions may apply as set out on the Website from time to time.
3.4. In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfil your Order. Global Chef Pty Ltd will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you. Without limitation, if you provide inaccurate shipping details in an Order, Global Chef Pty Ltd (ABN 11061613269) is under no obligation to resend your Order if it is shipped to the address provided in the Order and not subsequently returned to Global Chef Pty Ltd (ABN 11061613269). You agree to obtain consent from the recipient of a gift when providing their personal details to Global Chef Pty Ltd (ABN 11061613269) .
3.5. You may Order from Global Chef Pty Ltd (ABN 11061613269) if you are aged 18 years or over, have an active email account and a telephone number at which you can be easily contacted.
3.6. You must check your Order carefully prior to submitting your Order with us. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order may only be made by agreement unless otherwise required by law. However, we will allow you to return Goods in accordance with the Returns Policy.
3.7. Where you place consecutive or separate Orders for Goods, we cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order in accordance with clause 7. Subject to clause 3.3, you can order as many Goods as you would like in an Order up to the total Order value of AU$2,000.
3.8. You will be provided with an automatic Order number upon submission of your Order to the Website. The Order number is required when contacting our Customer Service Centre.
3.9 In submitting an Order you represent and warrant to Global Chef Pty Ltd (ABN 11061613269) that:
you are over the age of 18;
you have read and agree to these Terms and Conditions; and
you have complied with all applicable Laws.
4. ACCEPTANCE AND REJECTION OF ORDERS
4.1 Global Chef Pty Ltd (ABN 11061613269) reserves the right to accept or reject your Order for any reason at any time. Without limitation, due to legal and other restrictions applicable for orders placed for international delivery, some of our products may not be available for delivery to certain locations outside Australia. Global Chef Pty Ltd (ABN 11061613269)retains the right to determine what it can and cannot deliver to any particular location.
4.2 When we accept an Order, it represents an agreement by Global Chef Pty Ltd (ABN 11061613269) to supply you the Goods in accordance with the Order and these Terms and Conditions.
4.3 In the event that we reject an Order under clause 4.1, we will notify you of that rejection and the reason for rejection via email within five (5) Business Days after the placement of the Order wherever possible. Global Chef Pty Ltd (ABN 11061613269) will not be liable to you for your loss or that of any third party for the rejection of an Order.
4.4 Where we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Global Chef Pty Ltd (ABN 11061613269) is not liable with respect to any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.
4.5 If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order in accordance with this clause 4.
5. AVAILABILITY OF GOODS
5.1. You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this occurs, Global Chef Pty Ltd (ABN 11061613269) will use reasonable endeavours to contact you within five (5) Business Days to arrange a full or partial refund. We will use reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Global Chef Pty Ltd (ABN 11061613269) is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
5.2. We reserve the right to withdraw or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice to you. Global Chef Pty Ltd (ABN 11061613269) will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of availability with respect to a particular Good.
5.3. Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, Price or otherwise), we may reject the part of the Order that is the subject of the error in accordance with clause 4. If applicable, Global Chef Pty Ltd (ABN 11061613269) will proceed to fulfil the remainder of your Order in accordance with these Terms and Conditions. If you are not satisfied with the partial fulfilment of your Order, you can return your entire Order to us as an order that has been incorrectly delivered in accordance with the Returns Policy.
5.4 You acknowledge and agree that:
all pictures and images of Goods displayed on the Website are for illustration purposes only, sizes and dimensions of Goods may differ in real life;
you have read any corresponding written description of the Goods prior to submitting your Order;
the fabric colour of Goods (jackets, pants, aprons, scarfs or hats) may vary due to batch dye or brand variations; where we provide sizing or other measurements in the descriptions of a Good (where applicable), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order; and any accessory featured with the Goods is for illustration purposes only.
6. PRICE AND PAYMENT
6.1 The Price in respect of a Good is specified on the Website and is an EXW basis. Freight is charged separately.
6.12 Any specifically quoted price is valid for 30 days. If no validity date is included all quotes will expire after 30 days.
6.13 Prices may change without notice.
6.14 Australian sales will attract an additional 10% GST.
6.2 Prices are displayed by default in Australian Dollars. Where a delivery address within Australia has been nominated, the displayed Price excludes Australian GST (currently 10%). GST will be added to your order at checkout.
6.21 Where a delivery address outside Australia has been nominated, the Price will not include Australian GST and additional Taxes may be payable by you as levied by authorities in the country of delivery upon importation to that country. The wholesale export price currency is USD and goods will be shipped EXW China or EXW Australia.
6.3 You will be charged the Price in Australian Dollars regardless of your delivery location unless you choose an alternate currency available on the website. Any currency conversion fees or rates used to determine the amount you pay for the Goods is determined by your credit card provider (or Paypal. if used on this site) We are not liable for any difference between the Price quoted on the site and the actual amount charged to you for the Goods as determined by the fees and conversion rate used by your credit card provider (or Paypal. if used on this site).
6.4 Global Chef Pty Ltd (ABN 11061613269) reserves the right to change or alter Prices of Goods on the Website or on any price list or offering without notice to you, unless you have already submitted an Order at an agreed stipulated Price, in which case there will be no change or alteration in the Price (provided your Order is not affected by an obvious pricing error, in which case the procedure in clause 5.3 will apply).
6.5 In respect of any Order, we will charge you and you agree to pay to us:
the Purchase Price (which is the Price at the time the Order is submitted in Australian Dollars) or in the currency agreed; and
the Delivery Fee (if any).
6.6 You can pay for your Goods by any of the methods specified on the electronic Order form on the Website from time to time, which includes but are not limited to credit card or Pay Pal. When paying by credit card, you authorise Global Chef Pty Ltd (ABN 11061613269) to debit your nominated card at the time you submit your Order. The name on the credit card used for the payment must match the name on the Order.
6.7 You acknowledge and agree that any payment in respect of an Order must be cleared by Global Chef Pty Ltd (ABN 11061613269) before Goods which are the subject of an Order are despatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this on the Website. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or use an alternative payment method in order to continue with your Order.
6.8 In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
6.9 You will receive an invoice by email once payment in respect of your Order has been processed.
6.10 Global Chef Pty Ltd (ABN 11061613269) uses an encrypted payment gateway and security certificate to secure payments. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.
7.1 Global Chef Pty Ltd (ABN 11061613269) uses Delivery Agents to deliver your Goods. You agree to your details including your Delivery Address being supplied to the Delivery Agent for the purpose of delivering your Goods.
7.2 You should refer to the Shipping Options section of the website for the applicable Delivery Fee for the Goods.
7.3 Indicative delivery time frames are subject to couriers delivery schedules.
7.4 You acknowledge and agree that notwithstanding anything else stated on the Website:
Global Chef Pty Ltd (ABN 11061613269) cannot guarantee that delivery will occur in the stated delivery time frames;
delivery time frames may change from time to time due to unforeseen circumstances; and
except where required by applicable law, Global Chef Pty Ltd (ABN 11061613269) is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery or loss of goods once they have been recorded by the courier as having been delivered to the address provided by you.
7.5 Delivery of Goods will take place at the Delivery Address specified by you during the Order process. You will need to submit separate Orders for Goods where you require multiple delivery destinations. Avoid requesting delivery to addresses where a courier cannot easily gain access e.g. high rise buildings or unattended addresses facing main roads.
7.6 If we are unable to deliver your Goods to the Delivery Address due to the size of the package or because there are restrictions on access to the Delivery Address or it is unsafe or impractical to make delivery or if no one is home to receive and sign for the goods at time of delivery, then either Delivery Driver will have instructions that goods are to be "left at door" or alternatively a calling card may be left for you notifying you where the Goods have been delivered to for later collection by you. It is your responsibility to follow the instructions stated on the calling card if one is provided by the courier. We cannot control the behavior of each courier but we can provide tracking for your delivery.
7.7 Where you do not collect your Goods from the outlet specified on the calling card within the time required of a failed delivery, you must contact our Customer Service Centre on 07-32791502 during QLD office hours 9-4pm M-F using the details provided at the start of these Terms and Conditions for further information with respect to claiming your Order. If Goods are required to be redelivered, you will be required to pay any associated fees for redelivery.
7.8 Upon delivery, you must inspect your Goods and check that the Goods delivered match your Order. If there is obvious damage to the Goods due to transit, you must contact our Customer Service Centre as soon as practicable using the details provided at the start of these Terms and Conditions. If the Goods are not as ordered, you may return the Goods to us in accordance with the Returns Policy. If Goods are missing from your Order, you may call our Customer Service Centre, or return the Order in accordance with the Returns Policy. You should let us know about any defective, damaged, missing and incorrect Goods as soon as possible. Any Goods replaced under the Returns Policy due to being defective, damaged, missing or incorrect will be delivered to you free of charge.
7.9 You warrant to Global Chef Pty Ltd (ABN 11061613269) that any nominated representative receiving the Goods on your behalf at the delivery Address is duly authorised by you to do so.
8. RISK AND TITLE
8.1 Risk in the Goods passes to you on the date and time of delivery of the goods to your appointed Delivery Agent.
8.2 Title in the Goods remain with Global Chef Pty Ltd until goods are paid for in full.
8.21 All rights to recover goods that remain delivered but unpaid are reserved in full by Global Chef Pty Ltd including access to retrieve goods.
9. ORDER CANCELLATIONS AND RETURNS
9.1. Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, you should carefully check that your Order is accurate before you submit it to us. You will, however, be able to return faulty or incorrectly delivered Goods in accordance with the Returns Policy.
9.2 Exclusions to the returns policy and gaurantee include any clearly advertised product that is advertised on this website as being specifically outside of manufacturers warranty period and/or a clearance item or 'end of line' item. i.e. If a product has been advertised as being outside the manufacturers warranty period or is a clearance or 'end of line' product then the guarantee is not applicable and buyer accepts the goods at a specially discounted price as is.
9.3 Warranty period (other than excluded items in 9.2) is 100 days from date of OUR invoice and is subject to normal wear and tear and all care instructions being followed. Global Chef reserves all rights to determine if a product can be returned for exchange or refund. Do not return any goods without first obtaining a Return Authority Number - for assistance please call 07-32791502 during office hours 9-4pm M-F QLD time.
9.3.1 Goods can only be returned under these Terms and Conditions (in particular, this clause 9) and in accordance with the Returns Policy. The Returns Policy forms a part of these Terms and Conditions.
9.4. Where we reject or cancel your Order under these Terms and Conditions, we will refund the Price of the Goods to you (and any applicable Delivery Fee) in accordance with these Terms and Conditions. We will use reasonable endeavours to process your refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Global Chef Pty Ltd (ABN 11061613269) Online is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
9.5. It is a condition of most credit card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. Global Chef Pty Ltd (ABN 11061613269) Online is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your Order.
10.Limitation of Liability:
10.1 Although we make reasonable efforts to keep material on this web site current, please understand that products and other information change quickly and may not be fully reflected on this site without delay. We make no warranties, representations or claims of any kind with respect to any of the information on this web site, including without limitation the accuracy, completeness and suitability for any purpose of this information.
10.2 Under no circumstance shall Global Chef Pty Ltd (ABN 11061613269) or any of its manufacturers, couriers, distributors, associates, resellers, suppliers or agents involved in the creation or delivery of the material on this Web site be liable to you or anyone else as a result of damages from your access or use of material on this Web site.
11.Failure by YOU:
11.1 Furthermore any failure by you to follow the terms, conditions, instructions relating to the products ordered by you, dispatched and delivered to you from this website may deem your warranty or rights void. Any discrepancies relating to our Terms And Conditions – final decision will be made by Global Chef Pty Ltd management.
12.1 Our links to third-party sites do not necessarily create an endorsement or approval of any content on those sites. Once you go to a third-party site, you do so at your own risk. You are subject to the terms, conditions of use and privacy policies of that third-party site.
13. Copyrights and Intellectual Property:
13.2 Logos, products and names used on this website may be owned by other entities which are displayed with either direct or implied permission on this website to promote, advertise and sell their branded items. Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print Our content on this Site subject to the following conditions:
• 1.The content may be used solely for personal, informational, and internal purposes.
• 2.The content may not be modified or altered in any way.
• 3.The content on the Site may not be distributed or sold, rented, leased, or licensed to others.
• 4.You may not remove any copyright or other proprietary notices contained in Our Content.
• 5.We reserve the right to revoke the authorization to view, download, and print Our Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from Us.
• 6.The rights granted to you constitute a license and not a transfer of title.
The rights specified above to view, download, and print the Our Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site, including Our domain name and product brands, are protected by trade dress and other intellectual property laws and may not be copied or imitated in whole or in part.
14.Limitations on Use:
14.1 You are hereby notified that the owners of the email addresses published on this site do not wish to receive and you are prohibited from sending unsolicited commercial email messages for services or products to the email addresses provided on this site. You are prohibiting from attempting to interfere with the proper function of this site. You are prohibited from forging any email addresses. You are prohibited from framing any content of this web site. You are responsible for all damages and costs resulting from these actions in any way and from any illegal actions involving the web site of Global Chef Pty Ltd (ABN 11061613269) whether or not enumerated here. You must defend, indemnify and hold harmless Global Chef Pty Ltd (ABN 11061613269), its partners, associates and consultants from any claims, damages, costs and expenses resulting from your failure to comply with terms set out here. If you have any questions about your obligations set out here, you should contact Global Chef Pty Ltd (ABN 11061613269) to clarify your questions.
15.1 All user-supplied information, postings and materials that are submitted by you to be uploaded to Our forums and message boards are referred to collectively as "User Content." By submitting User Content to this Site you grant Us the following type of license: For User Content that is the result of your creative efforts and which is intended to be displayed on the Site forums and message boards, you grant Us a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant Us the right to distribute and publicly display such User Content for the purpose for which such User Content was submitted to the Site. This license will be in effect until such User Content is removed from the Site either by Us or by you. Prohibited Communications: You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libellous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity.
15.2 User Conduct:
In using the Site you agree: not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any services, materials, system resources, servers, or networks connected to or accessible through the Site. Moreover, by uploading content to Our Site, you warrant that the information you submit is accurate to the best of your knowledge.
15.3 Managing Content & Communications:
We reserve the right, in Our sole discretion, to delete or remove User Content from the Site at any time without prior notice or liability. Global Chef Pty Ltd (ABN 11061613269) may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content. To the maximum extent permitted by law, We will have no liability related to User Content. We disclaim all liability with respect to the misuse, loss, modification, or unavailability of any User Content. Moreover, because it is not possible for us to determine the accuracy of user-submitted content in many cases, we disclaim the accuracy of any User Content, and specifically the accuracy of any user postings.
15.4 Personal Information & Privacy:
17. Governing Law and Jurisdiction:
This Site (excluding linked sites) is controlled by Global Chef Pty Ltd (ABN 11061613269) from its offices within the state of Queensland, Australia. By accessing this Site, you and Global Chef Pty Ltd (ABN 11061613269) agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the Queensland, without regard to the conflicts of laws principles thereof. Any dispute relating in any way to your visit to this Site shall be submitted to confidential arbitration in Brisbane, Queensland, except that, to the extent you have in any manner violated or threatened to violate Our intellectual property rights, Global Chef Pty Ltd (ABN 11061613269) may seek injunctive or other appropriate relief in any state or federal court in the state of Queensland,or any state in Australia it chooses and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Australian Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.