- These Terms apply to the ordering, purchase and delivery of Goods (including gift cards) from the Website. These terms form a contract between you and MAdE Establishment Pty Ltd (ACN 132 388 857).
- You are bound by these Terms each time you submit an Order. Each Order is a separate contract between you and MAdE Establishment for the supply of Goods.
2. Placing Orders
- By placing an Order you represent to us that the Goods are intended for personal and non-commercial use only and will not be re-sold.
- MAdE Establishment will not be liable to you for loss you or any third party suffers for a delay or a failure to process your Order or deliver Goods as a consequence of inaccurate or incomplete details provided in Order.
- You will obtain consent to provide MAdE Establishment with Personal Information of recipients of gifts or Goods ordered by you.
- MAdE Establishment reserves the right to accept or reject your Order for any reason at any time. If MAdE Establishment rejects your Order you will receive a refund of any money paid.
3. Availability of Goods
- If your chosen Goods are unavailable (e.g. they are out of stock or where we have withdrawn or suspended sale), we may not be able to fulfil all or part of your Order. If this happens, we will refund you the price paid for those Goods.
- We may withdraw or suspend from sale any Goods displayed on the Site, either temporarily or permanently, at any time. If this occurs, we will not be liable to you for any loss you or any third party suffer.
- If you Order Goods that include Alcohol products you:
- warrant that you are aged 18 years or over;
- acknowledge that it is against the law to sell or supply Alcohol to, or obtain Alcohol on behalf of, a person under the age of 18 years (where relevant); and
- warrant that you are not obtaining Alcohol on behalf of a person under the age of 18 years.
- If MAdE Establishment has reasonable grounds for believing you have not complied with the above clause, MAdE Establishment may cancel your Order and refund any money that you have paid to us in respect of your Order.
- When you place an Order we will charge you and you agree to pay the Price and any applicable Delivery Fee.
- All Prices are in Australian Dollars and, if GST applies, inclusive of GST. Any fees and charges (including Delivery Fees) imposed by these Terms also include GST where applicable.
- MAdE Establishment reserves the right to change or alter Prices without notice to you. If you have already submitted an Order at a particular Price, we will supply your Goods at that Price.
- Any payment for an Order must be cleared by MAdE Establishment before Goods are dispatched. If your payment cannot be processed, your Order will be rejected.
- In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any law.
7. Online reservations
- You may make table reservations for restaurants specified on the Site, which restaurants may vary from time to time.
- Table reservations for restaurants specified on the Site are strictly subject to availability. Please note the reservation will only be effective once you receive an SMS message from us confirming the reservation.
8. Gift Cards
- Your purchase, redemption or attempted redemption of a gift card constitutes your acceptance to be bound by these terms and conditions.
- You may purchase gift cards from the Site. Gift Cards can be purchased for redemption for lunch or dinner meals at Participating Restaurants, including takeaway (where available).
- Your gift card may only be used to make purchases up to the gift card value (or the remaining gift card value). If you wish to make a purchase for an amount that exceeds the gift card value you must pay the excess using another payment method.
- Gift cards expire 12 months after the date of issue (expiry date). You should use any value remaining on the gift card before the expiry date. After the expiry date unused value will become the property of MAdE Establishment.
- Gift cards are not legal tender, account cards, credit or debit cards or securities. You cannot obtain any cash advance with your gift card, redeem your gift card for cash or receive any portion of the remaining gift card value in cash.
- MAdE Establishment may refuse to redeem any gift card if fraud is suspected or until MAdE Establishment is satisfied that there has been no fraud involved.
- MAdE Establishment is not liable for or in any way responsible for lost or stolen gift cards. You are responsible for the use and safety of your gift card. Lost or stolen gift cards will not be refunded or replaced.
- Gift cards cannot be cancelled once they are issued except if voided by MAdE Establishment.
- You must not use your gift card to purchase goods or services that a retailer is not permitted to supply to you (for example, a retailer cannot by law sell alcohol to you if you are under 18 years of age).
9. Risk and liability
- Risk and title in the Goods passes to you on the date and time of delivery of the Goods.
- Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- MAdE Establishment excludes to the fullest extent possible under law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms.
- Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
We may immediately terminate the agreement for the supply of Goods to you if MAdE Establishment reasonably believes that you have breached these Terms and: - the breach is not capable of remedy; or - if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days.
The following definitions apply to these Terms: - Goods means the items offered for sale on the Site. - GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth). - Order means a request by you to purchase Goods from MAdE Establishment under these Terms whether online or in-person at one of our venues. - Personal Information has the meaning given in the Privacy Act 1988 (Cth). - Price means the purchase price of each Good as specified on the Site.
- MAdE Establishment may vary these Shopping Terms and Conditions at any time.
- See MAdE Establishment’s Website Terms of for further information on trade marks, copyright and other applicable terms.
- Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.
- A failure or delay by MAdE Establishment to exercise a power or right under these Terms does not constitute as a waiver of that power or right.
- The laws of Victoria, Australia govern this agreement. Your transaction is deemed to have taken place in Cremorne, Victoria.