Terms & ConditionsTerms & Conditions
These terms and conditions govern all supply of goods and services by One Bite at a Time Nutrition to you, the purchaser of goods and services from us, including your use of the website www.onebiteatatime.net.au. They are effective from March 2019 and will replace all earlier One Bite at a Time Nutrition terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.
We reserve the right to change these terms of trade to you. Notice may be given by posting revised terms and conditions on our website. You agree to these terms of trade by using the website. One bite at a time recommends you regularly check terms of trade to stay informed.
To make a purchase from our online store you must be 18 years of age or over. Purchases from our online store may only be made by persons who are acquiring goods services for their own use or consumption, and you must not acquire goods from us via the website for resupply ( whether trade or otherwise).
If you are purchasing on behalf of another entity, such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.
Availability and supply
All orders are subject to availability of those products of service. If for any reason a product is not available, we will endeavour to notify the non-availability on our online store. We do our best to ensure or website reflects our stock on hand, however as stock levels are constantly changing, and there may be unforeseen delays from suppliers, sometimes product may not be available. If this occurs, we will contact you to offer a refund, replacement, or to hold order until product becomes available again.
Delivery and Delivery Charges
Prices for goods and services stated on our website are exclusive of any applicable delivery charges.
We only deliver to Australian street addresses. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary of your online shopping. Please ensure accurate delivery address is provided, we do not take responsibility for the damage or loss of your order due to providing the wrong address details.
As we use Australia Post/Third parties to delivery you goods, please understand that some aspects of delivery are out of our control. We cannot determine exactly when your goods will arrive, we will strive to ensure that orders are dispatched promptly, and work with you/Australia Post/Third parties to locate goods if required.
Some of our products (i.e. chocolate) are sensitive to weather. All our goods are best kept in a dark cool space. We cannot guarantee the state of goods through the freight process. We do not advise to leave products outside for periods of time. If you are unable to be home to accept your delivery, we are unable to take responsibility for theft or spoilage of products.
All prices are in Australian Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated otherwise but are exclusive of delivery charges. All prices are correct at time of publishing. We reserve the right to alter prices at any time.
We accept the following cards:
Visa, Mastercard and American Express. We also accept Paypal.
Shipping and delivery
Local deliveries are available to Ararat, Moyston, Pomonal and Stawell on Thursdays for a flat rate of $5.
We use Australia post for delivery. Delivery times depend on your location. Contact us for estimated delivery times.
We ship Monday to Friday. All orders placed after 9am on any given day will be shipped the following business day. Tracking is available with Australia Post, if you wish to locate your parcel , contact us with your order number.
One Bite at a Time strives to achieve 100% customer satisfaction, if you receive damaged items or missing items, please contact us within 48hrs for a replacement. We request a photo of damages items to process the claim. In some in some instances we will request the item be returned to us. In some cases the cost of returning the product will be the customer's responsibility.
In case of change of mind, we understand that sometimes it wasn't what you were looking for, although we do not offer refund for change of mind, we will offer store credit, for items returned to us in sellable condition. Cost of returning the product will be the customer's s responsibility.
Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.
We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.
To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.
Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.
Applicable law and jurisdiction
Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.
Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of Australia. The Courts of Australia shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.
Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).
You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.
Unless you opt to receive messages from us we will not contact you again in future. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.
Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).
We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.
You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.
We may disclose your personal information as required by law.
Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.
You can request details of your personal information that we hold, and ask us to correct it, at any time.
We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at www.onebiteatatime.net.au.
If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.
If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.
Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.
We may deliver notices to you by sending them to an email address that you have notified to us.
Allergens & Medical Information
Although we take great care to separate and pack all products carefully, the food sold on our website may have been packed in a store or facility that contains allergens, traces of allergens or bi-products of the following: peanuts, nuts, tree nuts, sesame seeds, seeds, soybeans and soy products, egg, pollen and bee products, preservatives, gluten and cereals containing gluten, wheat, rye, barley oats, spelt, dairy, fish, crustacea, and other products that may behave as allergens to certain people.
No allergen or nutritional information on our website should ever be considered a guarantee, but simply a best faith effort to serve our customers.
While we do our best to ensure our information is correct and up to date we cannot take responsibility for any inaccurate information or misrepresentation of materials on our website. Any medical advice on the website is not intended to replace a one-on-one relationship with a health care professional therefore you should always ensure you speak to your healthcare professional before making medical related decisions or making changes to your diet.
One Bite at a Time cannot warrant the accuracy of this information on its website. We strongly advise you do your own research on products you are purchasing and consuming. We strive to ensure information is correct and up to date however; we take no responsibility for inaccurate information provided.