Terms and Conditions
Last updated: 17 October 2020
SALTYS CHIPPERY – TERMS AND CONDITIONS
Welcome to our website/online ordering application. Please read the terms and conditions carefully. If you continue to use this website/online ordering application, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer (available on our website), govern Saltys Chippery’s relationship with you in relation to your use of our website/online ordering application.
For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Saltys Chippery and “You” and “Your” refers to you, the customer, visitor, person using our website/online ordering application.
We may modify the Terms and Conditions at any time, at our sole discretion, and all modifications will be effective immediately upon our posting of the modifications on the website/online ordering application site/s. Please return periodically to keep informed.
FOOD ORDERING
On arriving at the menu, scroll down to customise your order by clicking on an item of choice. The item will open for you to customise. Scroll down on the item to tag things like ‘salt’ or ‘no vinegar’ and any special instructions. Modify the quantity of your item at this time. Once you have tagged your item click on ‘Add to Cart’. Select further items on the menu. Once your selection is complete, click on Shopping Cart in the top right hand corner. The Shopping Cart will display your total order. If you wish to delete an item click on the ‘x’ right of the item. If an item is incorrect (then delete the item) or you are missing an item, click on the ‘Knife and Fork’ icon left of the shopping cart item in the top right hand corner to go back to the menu for further selection. The ‘i’ icon in the top right corner gives you further information like, delivery fees, delivery zone, opening hours, phone number’, etc. Please contact us by phone (08) 93361613 if you are having any difficulty with placing your order.
Once your order is complete, enter your personal details, whether you require pickup or delivery and payment details. In the comments box you can list any further information about your order and any specific instructions regarding delivery, for example, ‘Front door is down the lane on the side of the house’. Click ‘Save’. When ready, click on ‘Place Order Now’. You will receive confirmation of your order through your device/s. The acceptance of any order for any of the products and/or services shall be at the entire discretion of Saltys Chippery.
By placing an order and receiving a confirming notice from Saltys Chippery, you have concluded an electronic sale contract for the ordered goods with Saltys Chippery. The details of the contract will not be filed by Saltys Chippery and, therefore, the specific contract will not be available to you. However, if you require any information regarding the contract, you can contact Saltys Chippery by email contactus@saltyschippery.com.au (48 hour response) or by phone (08) 93361613 (during opening hours).
The first time you place an order you will be asked to complete your personal details for delivery or pickup. This information will be retained for future ordering from your device, so you do not need to re-enter every order, speeding up your future order placements. You are responsible for security of your personal details, payment information and password (if applicable) when browsing/placing an order with Saltys Chippery website/online ordering application. Your information is stored/encrypted on a secure server employed by a third party (which may be an international third party) with a high level security certificate. By clicking on ‘save’ you are agreeing to storage of your details and you are giving approval to receive direct marketing communications regarding promotions, etc. If you click on ’Review Settings’ you can unsubscribe immediately to receiving communications (or at anytime you receive a communication) by clicking on ‘unsubscribe now’ before saving your information. You can review, update or delete your personal information by clicking on the ‘manage’ button in the contact section.
Any information you choose to make publicly available, such as reviews, blog comments and testimonials on our website, Facebook or Instagram will be available for others to see. You affirm and represent that Saltys Chippery may use your reviews/testimonials of Saltys Chippery for publication on our website and for advertising material (only first name and date posted will be shown). If you subsequently remove this information, copies may remain viewable in cached and archived pages on our website or other sites or if others have copied or saved the information.
Prices are inclusive of GST and are subject to change without notice. Promotions and end dates are subject to change without notice. A 10% surcharge applies on Public Holidays.
Saltys Chippery may, at different times, offer promotional free goods or discounts through a pop up feature when ordering. Click on ‘Thanks’ to redeem when ordering. We will not be held liable or responsible if you miss out on these promotions if the pop up is discontinued or there has been a time lapse on you taking up the offer.
Saltys Chippery’s online ordering application must only be used by persons over the age of eighteen (18) years, or otherwise under the supervision of an adult or guardian. We do not knowingly collect personal information from anyone under 18. If we become aware that a child under 18 has provided us with personal information, we will delete that information as quickly as possible. If you are the parent or guardian of a child and you believe they have provided us with personal information without your consent, then please contact us.
PAYMENT
Customers can make payments for orders by using three payment methods, namely, 1) online payments through the application, 2) cash payments, and 3) non-cash payments in person. You specify the chosen payment method when placing your order. If you fail to make a payment for an order by one of the three available payment methods, the order shall be cancelled.
If you choose to pay online, please include the payment information requested by the chosen third party payment processor (eg. your name, credit or debit card number, and security code). Customers who complete a non-cash payment for the first time undergo a payment security verification procedure online in the background. You agree to accept full responsibility for all your activities in relation to using the online ordering application.
Saltys Chippery shall not be liable if a third party payment processor declines or refuses payment. Customers are solely responsible for quoting correct payment information. If Saltys Chippery does not receive the required payment from a customer through the application, Saltys Chippery will promptly inform the customer about the failed payment transaction and offer you to use other payment methods.
Payments made through the application may be refused in the following cases:
à The card used is not suitable for making online payments (please contact the financial institution that has issued the card for more information);
à The account balance of the card does not contain enough funds necessary for making the payment;
à The payment information (e.g. a card number, CV, etc) is entered incorrectly;
à The validity period indicated on the front side of the card has expired; and/or
à The cardholder exceeded the limit of operations or expenses determined by the financial institution that has issued the card.
All payments for goods through the application will be securely processed by online third party payment processors (which may be international third parties). The third party payment processors used, employ high standard security certificates. The third party payment processors handle all steps in the payment process on their sites, including data collection and data processing. Saltys Chippery neither stores nor processes customers credit/debit card information. Online payments through the application are carried out in accordance with the highest international industry standards.
PICKUP AND DELIVERY
Customers can pick up their orders free of charge directly at the store or an order can be delivered to an address specified by the customer. We ask that customers place delivery orders 30 minutes before closing to allow processing and delivery time and to allow our employees to get home on time.
A pickup or delivery time can be specified by the customer when placing an order. Saltys Chippery shall put reasonable efforts to provide, at the store or through delivery, every order at the specified time or within the estimated timeframe provided by the store. However, please note that a specified pickup or delivery time requested by the customer or an estimated timeframe for delivery provided by our store is only a non-binding request/guideline. Saltys Chippery will complete your order to the best of our ability within the timeframe however, the safety of Saltys Chippery employees, customers and members of the public is a high priority both within store and delivery operations.
The delivery of ordered goods will be made to the address specified in the order. If Saltys Chippery cannot deliver an order to the specified address, the store shall promptly notify the customer. Saltys Chippery reserve the right to contact customers to clarify an order and/or the pickup arrangement or delivery address. Delivery drivers may contact customers prior to delivering goods to further clarify delivery details or timeframes. Delivery services in specific areas may be temporarily unavailable from time to time due to unforeseen circumstances.
A delivery can only be processed if the ‘minimum value’ of goods is included in the order, as specified and kept current on the Saltys website and online ordering application. Purely as an example, Saltys Chippery can deliver only on orders to a minimum vale of $22.00. Delivery orders are also subject to 1) a delivery surcharge; 2) your address falling in the defined delivery area of Saltys Chippery; 3) availability of delivery employees, and 4) availability of Saltys Chippery store being ‘online’ for accepting and managing orders. This information is available on our website or under ‘i’ when ordering.
The customer agrees to accept delivery of the goods at the agreed time and place of delivery. Saltys Chippery will deliver the order to the main entrance of the delivery address. Our drivers are instructed not to enter private premises. If you are not present to take delivery of the goods at the address given in your order, then we will not refund you the price for your order and will charge you for the full amount of your order.
Customers are solely responsible for quoting their correct order, a correct delivery address, and specifying pickup/delivery times that allow them to accept the ordered goods. Saltys Chippery will not be held accountable for non-provision of goods and delivery services due to a customer fault, for example, incorrectly quoting contact information/delivery address. Saltys Chippery reserves the right to refuse an order placement or serve a customer or suspend the account of customers without prior notice (within the limitations of the law).
Saltys Chippery applies COVID responsible practises when community transmission is active. Social distancing practises apply to customers and employees, whether it be pickup or delivery. Saltys Chippery will also provide car park pickup if you park in the immediate parking area of the store and let us know you have arrived. This service is discretionary based on level of COVID activity, employee availability.
CANCELLATION OF ORDER, RETURN OF GOODS AND REFUNDS
Saltys Chippery handles cancellation of order/return of goods and processes refunds in accordance with the Australian Consumer Protection legislation.
An online order once placed cannot be modified or cancelled online. Customers requesting a modification/cancellation must contact Saltys Chippery immediately by phone on (08) 93361613 to advise of their decision. It is at Saltys Chippery’s discretion as to whether an order modification can be made or a refund given.
If you have placed an order and you are not present to take delivery of the goods at the address/time given in your order or you do not pickup your order on the day/time specified, then Saltys Chippery will not refund you the price of your order and will charge you for the full amount of your order.
If there is a problem with your order please advise us immediately, and no later than 24 hours from receiving the order. It may be easily fixed. We want your experience with Saltys Chippery to be a good one! If it is in relation to food quality, we expect immediate access to the original goods supplied for evaluation/business improvement purposes. We can, at our discretion, 1) replace your order immediately or give you credit on an order at a future date; 2) give you a refund. Refunds will be made through the same method you placed your order. We will endeavour to process your refund as soon as possible. However, refunds may take up to 10 business days depending on your financial institution and the type of payment method/card used.
Delivery of Saltys Chippery orders are made by our employees. Replacement of damaged or missing product is made at the discretion of Saltys Chippery.
FOOD ALLERGENS
The information contained in this website/online ordering application is for general information purposes only and is not meant to substitute professional dietary advice or treatment. If you have or suspect you may have allergies or medical issues which may be affected by certain foods, or, after taking any of our products, find you may have or be experiencing side effects, you should promptly contact your health care provider.
For any dietary requirements such as gluten free, please tag/specify when ordering. We use a separate fryer for gluten free. Although we make every endeavour to provide gluten free products, we prepare all our food in one area, and therefore cannot guarantee that our products have been created in a 100% allergen and gluten free environment. Products could contain traces of allergens or gluten. If you have a serious intolerance, please refrain from ordering - the last thing we want is to adversely affect your health. This statement also applies to those customers seeking dairy free, nut free, meat free (or any other allergen free requirement) takeaway food/product. Our fish is deboned, but we can not guarantee there is absolutely no bone inside.
It shall be your own responsibility to ensure that any products or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Subject to law, Saltys Chippery will not be liable for any claims, charges, fees, damages (including medical and dental costs) if a customer has an adverse reaction to a product sold at our store.
WARRANTIES AND DISCLAIMERS
Any products and/or services provided through the website/online ordering application are done so on an ‘as is’ and ‘if available’ basis and Saltys Chippery expressly excludes any warranties, conditions, representations or other terms with respect to the website/online ordering application or the content or products displayed on it, whether express or implied, unless expressly stated to the contrary. The pictures of the products are for presentation only. The ordered products may have differences (e.g. color, form, etc.) compared to the photos existing on the site. Saltys Chippery is not liable in any way if the description of products is not complete or incorrect.
By browsing and ordering online, you acknowledge and agree that the use of the website/online ordering application and/or processes is at your own risk (to the maximum extent permitted according to the applicable law), and in no circumstances, shall we be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use this website/online ordering and/or any application and/or material on any site linked to this online ordering application (including but not limited to any viruses or any other errors or defects or failures in computer transmissions or network communications) even if Saltys Chippery have been advised of the possibility of such damage. In addition, no liability can be accepted by Saltys Chippery in respect of any changes made to the content of the online ordering application and/or process by unauthorised third parties. All express or implied warranties or representations are excluded to the maximum extent permitted according to the applicable law.
The website/online ordering application and/or process may include content, information or links to third parties or third party sites. Saltys Chippery is not responsible for the content of any such sites or neither for the content of any third party advertising or sponsorship nor for compliance of such with any regulations. The links may be accessed at the user's own risk and Saltys Chippery makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to this website/ordering online application. You agree to hold harmless and relieve Saltys Chippery from any liability whatsoever arising from your use of information from a third party or your use of any third-party website or processing application.
Except otherwise expressly mentioned, all the information in relation to the online ordering application (including without limitation the images, buttons and text) are property and/or available with the permission of the licensor of the license agreement regarding the use of the application in order to order online and holds usage rights over them and they may not be copied, distributed, or reproduced or transmitted in any form or by any mean, electronic, mechanical, photocopying, recording or otherwise, without prior written permission. Saltys Chippery retains copyright over the content, images and logo of Saltys Chippery on our website and associated advertising materials. Saltys Chippery holds usage rights over them and they may not be copied, distributed, or reproduced or transmitted in any form or by any mean, electronic, mechanical, photocopying, recording or otherwise, without prior written permission.
To the fullest extent permitted by law, Saltys Chippery excludes all liability arising out of its supply of goods and services and in particular ,shall not be responsible for any loss or damage, arising directly or indirectly out of or in connection with delay beyond the estimated delivery or pickup time; any circumstances over which Saltys Chippery had no control of the consequences and which Saltys Chippery could not avoid by the exercise of reasonable care, or any indirect or unforeseeable loss suffered or incurred by the customer or others. In any event, the Saltys Chippery’s liability to the customer shall not exceed the total price charged for the relevant product/s.
Any software service/software used and/or downloaded to place an order with Saltys Chippery is at your own risk. If you are in any doubt as to the suitability of the software service/software to be used and/or downloaded for your computer it is recommended that you obtain specialist advice before using and/or downloading it.
This agreement and Saltys website/online ordering application and processes are subject to the laws of WA and Australia. If there is a dispute between you and Saltys Chippery that results in litigation then you must submit to the jurisdiction of the courts of WA.
CONTACT INFORMATION
Any questions or issue in relation to these Terms and Conditions can be addressed to Saltys Chippery by using the following contact details:
In person at Shop 16, 51-57 Rockingham Road, Hamilton Hill, Western Australia 6313
By phone during opening hours (08) 9336 1613
By email: contactus@saltyschippery.com.au
We will respond within 48 hours.