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Lenard’s Pty Ltd Terms & Conditions

Last updated 7 March 2022

These terms and conditions, together with the documents referred to in it, particularly our Privacy Policy, sets out the terms and conditions on which Lenard’s Pty Ltd ACN 010 711 145 or its franchisees or related entities (as defined in the Corporations Act 2001 (Cth)) (Lenard’s, we, our or us) will supply to you the products ordered and paid for by you in the Shop Online section (Products) listed on our website www.lenards.com.au (Website).

By accessing and/or using this Website and related services, you agree to these terms and conditions, which include our Privacy Policy (available here) (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our Website if you do not agree to these Terms. Please read these Terms carefully before ordering any Products from us. You should understand that by ordering any of our Products, you agree to be bound by these Terms.

Collection Statement

We collect personal information about you in order to facilitate the buying and selling process and for purposes otherwise set out in our Privacy Policy. When you browse our Website, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. With your permission, we may send you emails or text messages about our store, new Products and other updates. We may disclose that information to third parties that help us deliver our services (including information technology suppliers, delivery suppliers, related entities, franchisees and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services or Products to you. We may also disclose your personal information to recipients that are located outside of Australia.

Our Privacy Policy explains:

1. How we store and use, and how you may access and correct your personal information;

2. How you can lodge a complaint regarding the handling of your personal information; and

3. How we will handle any complaint.

If you would like any further information about our privacy policies or practices, please contact us at privacy@lenards.com.au.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

Service Availability

At this time our Products are only available to people residing in Australia that can collect our Products from a Lenard’s Store (selected stores also offer Home Delivery), as such we do not accept orders from individuals who cannot collect or receive Products from a Lenard’s Store or located outside of Australia. For the location of our stores please click here.

Your Status

By placing an order, you warrant that you are:

· Legally capable of entering into binding contracts;

· At least 18 years old;

· Resident in Australia; and

· Accessing our site from Australia.

All orders are subject to acceptance by us, stock availability, and by taking payment from you that confirms that the Products have been ordered. The contract between us (Contract) will only be formed when we take your payment.

Orders

When you purchase Products from us, we request certain personal identifiable information from you. You will be required to provide contact information (name, mobile, email and address), including mobile number verification to protect your identity, and financial information (credit card number, expiration date and CCV). Please refer to our Privacy Policy for more information on how we collect and use your information.

When purchasing from this Website your financial details are passed through a secure server using 128-bit SSL (secure sockets layer) encryption technology with extended validation. Your credit card details are not stored by us.

You warrant that all information provided by you is accurate, complete and up-to-date. You must promptly notify us if there is any change to this information.

You must take responsibility for the safekeeping of your username and password. You are liable if your username and password are used by an unauthorised person. You release and indemnify us in relation to any liability arising out of the unauthorised use of your username or password.

Order Cut Off Times and Minimum Orders

Please allow a minimum of 3 hours for our stores to process your order and have ready for collection in-store. If you order less than 3 hours from the store’s closing time, the order will be ready for collection the next day when the store opens. Please allow 24 hours for Home Delivery.

Minimum order amount is $20.

Cancellation of Orders

Orders cannot be cancelled once successfully completed via this Website. However, if you contact the store you placed the order with, you may be able to negotiate a cancellation. This is to be finalised directly with the store.

Availability

At times of high demand, some Products you are trying to order may not be in stock and you may not be able to order.

Stores That Offer Click & Collect

All Lenard’s Stores offer Click and Collect. Lenard’s stockists, such as IGA Supermarkets, may offer a Click and Collect service – please visit their websites.

Stores That Offer Home Delivery

Select Lenard’s Stores offer Home Delivery, this is indicated in the Find Us page. Lenard’s stockists, such as IGA Supermarkets, may offer a Home Delivery service – please visit their websites.

Promotional Codes

We accept valid product promotional codes. Codes must be entered in the field provided at checkout.

Unavailable Stock

We endeavor to ensure that all products you have ordered are supplied to you. Due to unforeseen reasons, stock that is advertised on our Website sometimes might not be available. In the event of this happening, the store you placed the order with will contact you via email or phone to organise a new collection time, substitute products or refund.

Order Collection & Delivery

Collection and delivery of orders is only available from the Lenard’s Store you selected when placing the order at the agreed time. The store cannot be changed once the order is successfully completed. Due to the fresh and perishable nature of our products, Click and Collect orders cannot be retained beyond the agreed collection time, unless specific prior arrangement has been made with the Lenard’s Store you ordered from. This arrangement must be made by telephone or email direct to the selected store and the decision to enter into this agreement will be at the sole discretion of that Lenard’ store.

Products Sold By Weight

Products sold by reference to their weight are supplied as close to the weight ordered as possible, but not under the requested weight. You are charged only for the weight of products that you have requested without any additional charge for weight supplied above that requested (if any).

Presentation of Products

Lenard’s aims to include up-to-date photos of our products in their ‘cooked state’ (with the exception of our Fresh Cuts). Product photos are for illustration only. The majority of Products are supplied raw (with the exception of cooked or hot products sold at select stores), and any presentation of cooked products in the context of a complete meal is provided as a serving suggestion only.

Risk and Title

The title and the risk in the Products will pass to you from the time of collecting your Products from your local Lenard’s Store.

Product Prices and Payment

The price of Products shown is the price that is applicable at the time you view it. The price may vary between stores and may change without notice. Products in your cart are charged at the price applicable at the time you submit your order and as shown on the order confirmation except in cases of obvious error. We may change prices of Products at any time, but changes will not affect orders which have already been placed. All prices are listed in Australian Dollars (AUD).

Payment for all Products must be made when submitting an order via our Website by credit card or debit card.

Tax Invoice

Upon successfully submitting your order, Lenard’s will provide you with a tax invoice specifying the total price of products, including credits applied, pick up, delivery details and instructions. All transactions are processed in Australian Dollars (AUD).

Order Returns, Credits & Refunds

If you wish to make a claim for a replacement product, refund or credit because:

1. You believe products ordered by you that are in stock, have not been provided; or

2. You are not satisfied with the quality of the products you have purchased,

You must first call the Lenard’s Store that you ordered from (details provided on receipt) within 24 hours from the selected pick up or delivery time on your receipt. Refund needs to be arranged with the store and can take up to 2 to 3 Business days, depending on your bank. If you are not satisfied with the handling of your claim, you may contact Lenard’s Customer Service on 1800 068 111 to assess your claim for a replacement product, credit or refund of the purchase price. Lenard’s Customer Service cannot assess claims which have not first been referred to the relevant store.

Lenard’s will not be held liable for any financial or physical damages of any kind.

Allergies

It is the customer’s responsibility to refer to our disclaimer and product information before purchase. While Lenard’s takes all due care to keep allergy-prone ingredients out of our Products, please be aware they may still be present. If you are particularly sensitive to an allergen, Lenard’s Products may not be suitable for consumption

Lenard’s accepts no liability whatsoever to any allergic reaction by a customer as a result of consuming Lenard’s Products.

Accuracy, completeness and timeliness of information

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website. You must take your own precautions and secure your device to ensure that whilst you are using our website that all transactions and communications are free of viruses, spyware or malware or any other such application or program which may cause data corruption or data leaks and may interfere with, or damage, the operations of your computer systems. We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, Products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to- date.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.

We reserve the right to limit the quantities of any Products or services that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us.

We reserve the right to discontinue any Products at any time. Any offer for any Products or service made on this site is void where prohibited.

Warranties and Disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this Website, or any feature of this Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all Products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense, irrespective of the manner in which it occurs, which may be suffered due to consumption of our Products, use of our Website and/or the information or materials contained on it, or as a result of the inaccessibility of this Website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Website and in all of the material (including all text, graphics, logos, audio and software) made available on this Website (Content).

Your use of this Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Website or the Content. However, we do grant you a licence to access the Website and view the Content on the Terms set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors. Any reproduction or redistribution of this Website or the Content is prohibited and may result in civil and criminal penalties.

In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. All other use, copying or reproduction of this Website, the Content or any part of it is prohibited, except to the extent permitted by law.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, pandemic, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: disruptions to communications, cyber security events, strikes, lockouts or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.

Severability

If any of these Terms or any provisions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining Terms and provisions which will continue to be valid to the fullest extent permitted by law.

User Comments, Feedback and other Submissions

If, at our request, you send certain specific submissions (or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, Comments), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

Variation of Terms

We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

You will be subject to the policies and Terns in force at the time that you order Products from us, unless any change to those policies and Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we take your payment (in which case we have the right to assume that you have accepted the change to the Terms).

Transfer of rights and obligations

Any Contract between you and us is binding on you and us and on our respective successors and assignees.

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

Notices

Lenard’s may give notice to you by email, text message, post or notice on the Website. You may give notice to Lenard’s by email to webfeedback@lenards.com.au.

Termination

Lenard’s may terminate or suspend this Agreement at any time by delivering a notice (as specified in Notices above) or by sending you a message advising that your shopping privileges have been removed. Termination of this Agreement is effective the day notice is received, or such later date as specified in the notice. Lenard’s may remove anyone from the system. You may cease placing orders at Lenard’s Click and Collect at any time.

Entire agreement

These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them, to the maximum extent permitted by law.

To the maximum extent permitted by law, each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

Nothing in this clause limits or excludes any liability for fraud.

Governing law

Your use of the Website and these Terms are governed by the law of Queensland and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland.E

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