These are the Terms and Conditions to which you agree to when you access the YARDMILL Kitchen & Grocery, or enter into an Agreement with us for the provision of Goods and services.
YARDMILL Kitchen & Grocery is owned and operated by TeeRoy Pty Ltd, ABN 21 163 065 825, 434 Toorak Road Toorak Victoria 3142 (TeeRoy). References throughout this document to ‘YARDMILL’ or ‘YARDMILL Kitchen & Grocery’ or ‘firstname.lastname@example.org’ are to be considered as a reference to TeeRoy and/or its representatives.
If at any time you need, or would like to, contact us about any aspect of your experience with YARDMILL and/or any of these Terms and Conditions, please do so by emailing email@example.com or calling 03 99394639.
2.0 Orders, Delivery & Goods
Accurate Information: Information provided by you in placing an Order must be accurate and complete. You must inform YARDMILL if there’s a change to your details.
Minimum Order Value: We reserve the right to specify a total minimum value for orders, below which orders will not be accepted. We may also charge a delivery fee on order values below a certain value. Minimum values and values subject to delivery fees may change from time to time, but will be clearly stated on the YARDMILL website. We may decide to accept an order which is below the minimum order value. Doing this in one instance won’t oblige us to accept an order which is below the minimum order value at any other time. The order value and the minimum order value are based on the value after any promotional discounts are applied, but exclude any Delivery Fee.
Order and Delivery Times: You can place an order with YARDMILL at any time. You can view if we deliver to your area from the Delivery section of the YARDMILL website. YARDMILL delivers four times a week, Tuesday to Friday. All orders requiring delivery must be placed by 12pm (noon) on the day prior to the date of delivery. You may select an available delivery day up to 28 days in advance of the day you place your order. Any delivery day and time you select through the checkout process cannot be confirmed until you finish placing your order.
NOTE: This timing does not apply to click and collect orders from our Toorak store.
Delivery: YARDMILL will deliver the Goods to you at the Delivery Address on the date and within the delivery window selected by you or as otherwise may be agreed between you and firstname.lastname@example.org. We will presume that any-one present at the Delivery Address who receives the Goods is authorised by you to receive the Goods. It is not possible for us to determine exactly what time within the delivery window the driver will deliver your order.
If you request our driver to deliver the Goods beyond your front door and we agree that it is practical to do so, you agree to continually indemnify and hold harmless YARDMILL (including its officers, employees, contractors and agents) from any Loss suffered or incurred through the delivery of the Goods beyond your front door. In this agreement ‘Loss’ means any loss whether direct, indirect or consequential, including any liability, cost, expense, claim, proceeding, action, demand or damage.
Special Delivery Instructions, safe and Shady Place, and Authority to Leave: It is a mandatory requirement of placing an Order with YARDMILL, that you nominate a safe and shady place where you authorise us to leave your Polyfoam box on the day of delivery if you are not present when your order is delivered. It is your responsibility entirely to ensure, through your special delivery instructions and the location itself, that your safe and shady place is straightforward for our driver to find and safe for our driver to access. It must also be sufficiently secure as to avoid the possibility of your Polyfoam box being stolen, and it must also be a location out of direct sun (especially on hot days in summer).
We cannot leave Polyfoam boxes outside security gates or on public property. If you live in an apartment building with a security gate or premises where there is not a safe and shady space to leave your Goods if you are not home at the delivery time, we encourage you to direct us to deliver your Goods to an alternative address, such as your place of work.
By confirming your order, you grant YARDMILL (including it’s officers, employees, contractors and agents) an Authority to Leave. You agree to continually indemnify and hold harmless YARDMILL (including its officers, employees, contractors and agents) from any Loss suffered or incurred through the delivery of the Goods according
to your specific delivery instructions.
If we are unable to leave the Goods at your nominated delivery location, we will attempt to contact you by telephone for further delivery instructions. We reserve the right to charge an additional delivery fee if you direct us to deliver your Goods to an alternate location. Your Goods are perishable and are packed only in enough techni-ice to keep them cold until 9 pm on the day of delivery. If we cannot deliver them in accordance with your instructions on the agreed delivery date, you remain liable for the Goods you have ordered, and yet we may be forced to discard those Goods (due to failure on your part to enable us to deliver) without any liability to you to refund you for or replace those Goods, or refund any delivery fee.
Order & Delivery Related Communications: We will confirm your order online at the time you place and pay for it via an provision of a YARDMILL customer receipt/order number. We will also send you an email confirmation of your order, and a subsequent email if you change the date/time of your order, or in the event your order is cancelled. We will send you two text messages. one on the morning of the day of delivery confirming your Polyfoam box is onboard for delivery on that day (to your nominated delivery address or store location),and the second text to confirm your Polyfoam box has been delivered to your nominated address, and safe and shady place. This second text, relating to a home delivery, may include advice from our driver in relation to your safe and shady place and/or an alternate location where the driver may have left your Polyfoam box. In the case of a click and collect order, in instances where you do not collect your own Polyfoam box, we will send you a text message alerting you to the fact that your order and Polyfoam box has been collected by another person.
YARDMILL does not provide a hard copy delivery note or invoice with the Polyfoam box. Please refer to your order confirmation email or your order history and tax invoices stored within your YARDMILL Account.
Order cancellation Timing (by you): For delivery orders you have 30mins from the time you place your order and receive your online order confirmation in which you may cancel your order, after which time your order is final, and you are committed to the Goods and services being provided by YARDMILL. You can cancel your order within this time period by calling our Toorak Store . If you cancel your order within this time period, the total cost of your order, including all fees and charges, will be automatically refunded to the payment type you used to place that order.
Order Changes to items and Delivery Address (by you): It is not possible for you to change the items in an order, or the delivery address, once the order has been placed. If you have forgotten something or otherwise wish to amend your order, then within the first 30mins after placing your order you should call our Toorak Store (03 99394639) to amend your order.
Delivery Date/Time Change (by you): Depending on the time between when you originally place your order and the day you select to have your order delivered, you may or may not be able to subsequently change the day and time when your order is delivered. After 2.00pm on the day before your order is scheduled to be delivered, it will not be possible to change. Prior to this time, call our Toorak Store (03 99394639) or email email@example.com to change the delivery day. If you do change your delivery date/time we will send you an email to confirm this change. All other aspects of your original order, including the order number and pricing, will remain the same.
Order cancellation & Amendments (by firstname.lastname@example.org): We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if the Goods in that order are not available; or there is an error in the price or the product description posted on the Site for the Product in that order; or your order has been placed in breach of these terms and conditions.
If we cancel any part of an order we will endeavour to provide you with reasonable notice of that cancellation by email, and will not charge you for the cancelled order (or part of the cancelled order). We will reimburse you the purchase price of the cancelled part of your order, via a store credit to your account, or a refund to your original payment method, or through an alternative means determined by us.
Out of Stock items: Generally out of stock items will not appear on the website, and ordinarily you will not be able to order them. However, if a product you do order is later determined by us to be unavailable, we’ll let you know by email. You will not be charged for that item and the purchase price will be refunded to your original payment method or via store credit to your account, as determined by us.
Packaging and Labelling: YARDMILL aims to provide up to date images and details of Goods sold via our website. At times the images or details may differ from the Goods actually supplied. YARDMILL uses its best endeavours, but does not warrant the accuracy of the information of the contained about Goods not made by YARDMILL, their description and images, and recommends that you read the labels carefully before consuming the Goods not made by YARDMILL.
Missing or Incorrect Items: If an item you have ordered is missing from the Polyfoam box we deliver to you, and you have not already heard from us about a shortfall in your order, then please contact us immediately by email and briefly explain the issue making reference to your order number. If we agree that there is an error in your order, we will provide you a store credit or refund for the item or items that you ordered and that have not been supplied, or that have not been supplied correctly (such as a different flavour variant of a like product). We will not expect you to pay for items you have received incorrectly, and we will not ask for them to be returned.
Risk and Title In the Goods: Passes to you upon home delivery, or in the case of click & collect or in-person purchases from our Toorak store. the risk and title passes to you at the time of collecting or paying for your YARDMILL Goods. If it is arranged by you and YARDMILL to deliver your Goods to an alternate address and place nominated, then the risk and title in the Goods passes to you upon the our driver leaving the Goods at that agreed alternate delivery location.
It is your responsibility to contact: us as soon as possible and certainly by 8 pm on the day of delivery if there is any issue with your order. Failure to do so may limit the responsibility we can accept for the condition of the Goods we have delivered to you.
It is a condition of placing en order with YARDMILL that even after title in the Goods has passed to you, that you will NOT on sell, or attempt to on sell or otherwise trade the YARDMILL branded Goods.
Polyfoam box and Techni-Ice: The Polyfoam box you receive from YARDMILL will contain sheets of Techni-ice and will be taped closed. The number of Techni-ice sheets placed in your Polyfoam box at the start of the day of delivery is determined by the size of the box, the contents and the expected weather. We warrant that the items in your YARDMILL Polyfoam box will remain cold at a food safe temperature, provided that the box remains unopened, taped closed and out of direct sun at all times up until 10pm on the day of delivery.
If for some reason the Techni-ice sheets in your Polyfoam box are not frozen and the items are not cold to touch when you open the box (before 10pm on the day of delivery) please do not consume the Goods and contact us immediately.
Return of Polyfoam box: Please leave the Polyfoam box in which we deliver your Goods out for collection by our driver at the time of your next delivery from YARDMILL. We will only collect your empty box if it is in a satisfactory condition and fit for re-use.
Click and Collect Collection: Collection of Click and Collect online orders are from our Toorak Store. Orders need to be collected by the end of the trading day you selected when you placed your order. If your order has not been collected by the end of the trading day you selected when you placed your order we will try to contact you early the following day. Orders not collected may incur a holding or cancellation fee in addition to us not being liable to refund you the original value of the order. If you are unable to collect your order please contact us immediately.
3.0 Payment, Fees, Pricing, Refunds and Credits
Payment online: YARDMILL uses PayPal for payment of all online orders. PayPal is quick (requiring a User ID and Password) once your PayPal account credentials have been verified.
In-store Credit Card Security: YARDMILL accepts Visa, Mastercard and American Express and EFTPOS. Your credit card details are stored until the order process has been finalised.
Online and In-store Prices: In most situations YARDMILL prices online and in-store will be the same, however we do not warrant as much, nor do we price match.
YARDMILL Gift Vouchers: Can be purchased and redeemed instore only. They can be used as whole or part payment of an order. A Gift Card can only be redeemed once. YARDMILL Gift cards are not transferable and have an expiry of 1year from the date of issue. YARDMILL Gift Cards do not count toward total order value. YARDMILL Store Credit: YARDMILL does not .offer instore credit.
Total Price of Goods: Goods in your Order are charged at the purchase price published at the time you finalise and place your order, and that appears on the order confirmation email and/or tax invoice. The only exception is if an item is subsequently found to be out of stock or unavailable, in which case you will be credited or refunded for that Good.
Unit Pricing of Varlable Weight Items: Many Goods sold by YARDMILL are done so on a unit basis. That is, there is a single price for that particular item. The unit price and the price per kilogram of these variable weight items are expressed on the website based on the minimum weight of that item. All variable weight items will always be equal to or weigh more than the labelled minimum weight so you will never receive a pack that weighs less than you have paid for.
Pricing Errors: YARDMILL reserves the right to amend any pricing errors displayed due to human error, computer malfunction or other reason. YARDMILL will notify you of any error in pricing and you may elect to not purchase any Good/s where the price has been corrected.
Tax invoice: We will provide you with an electronic version of your tax invoice with the total price for the Goods, including credits applied and any other fees and GST. All prices are in Australian dollars.
Late cancellation fee: If you wish to cancel an order after the order cut off time, YARDMILL may charge you a late cancellation fee.
Delivery Fee: If required by YARDMILL, you will be charged the delivery fee specified in your Order confirmation. We reserve the right to charge an additional delivery fee if we are unable to deliver the Goods in accordance with your instructions or Authority to Leave.
If we have attempted to deliver but have failed to deliver because of a failure on your part to meet your responsibilities set out within these Terms and Conditions, then we reserve the right to withhold sufficient funds to cover such deteriorated Goods and failed delivery or subsequent redelivery, without limitation to the value of the Goods and the delivery costs.
Promotional Codes and Promotion Pricing: We may from time to time issue promotional codes. These promotional codes are personal to the individuals we issue them to and cannot be transferred or sold. The promotional codes are subject to the terms disclosed at the time of issue. We reserve the right to cancel any or all promotional codes at any time if we suspect error, fraud or any other abuse of the codes is occurring.
If we reasonably believe you are placing multiple orders, or creating multiple accounts from the one household, be those accounts are held under the same or different overall registration details and used for the purposes of circumventing the order limits or abusing the terms and conditions of a particular promotion, or other terms and conditions in this document, all such Orders and accounts may be cancelled by us without notice to you. Or, in the event the Goods are already in the process of being delivered or have been provided to you by YARDMILL, we reserve the right to charge you for promotional discounts which you have received in the course of attempting to circumvent these terms and conditions.
Promotions run by YARDMILL will often contain their own specific terms and conditions in addition to the Terms and conditions in this document, and they will be listed on the website during the period of the Promotion.
Queries about charges: If you have any queries about your charges please contact us. Online credit card order cancellations or refunds will be processed on the next business day in accordance with your bank handling time, and any fees or charges from us will appear on your statement from your bank/payment provider as being from YARDMILL Kitchen & Grocery.
Guarantees, Refunds and Returns: The Australian Consumer Law gives consumers rights in respect of Goods and services they purchase, called consumer guarantees.
Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. Regardless of anything in these Terms and Conditions, you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You’re 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.
Please contact us if you are in any way no fully satisfied with the Goods and services you have received from YARDMILL. We’ll promptly review your situation or concerns and unless your dissatisfaction is due to a failure on your part to comply with your responsibilities as detailed in these terms and conditions, or is otherwise as a result of negligence or misconduct on your part, we will offer you store credit or a refund in lieu of those Goods or services deemed by you to be unsatisfactory. Refunds may take 3-5 working days to appear in your account.
Due to the perishable nature of the Goods, we generally cannot accept returns. However, we may need to inspect, or see a photo of any Goods which you deem unsatisfactory before agreeing to pay a refund or credit, or to conduct product testing. Therefore in such instances, please take a photo that highlights the cause of your dissatisfaction and email it to us immediately, and please keep the affected Goods until we advise they can be discarded.
Definitions and Explanation of Terms: Listed below are the meaning of certain terms used in this document:
Agreement, is this agreement between you and YARDMILL to supply you Goods and services. and consists of your Order and these Terms and Conditions. An Agreement exists once YARDMILL accepts an order from you which occurs when your order and payment is processed.
Authority to Leave is you agreeing for YARDMILL to transfer title and risk in the Goods to you when we leave your Polyfoam box in your nominated safe and shady place, or another place at our discretion if your place is deemed
inappropriate (not safe or not shady).
Click & Collect collection point is the where Goods are collected from. Collection is available from our Toorak store only.
Conditions are these Terms and Conditions, and any additions or variations.
Delivery Address is the address where the Goods are to be delivered as stated on the Order.
Delivery Fee is the fee payable to YARDMILL for delivery of the Goods to your Delivery Address and handling and other costs associated with processing your order, including but not limited to a click and collect order.
Goods are items in an order. and include packaging.
Intellectual Property Rights includes copyright, trademarks, patents, designs and protection of confidential information.
Order is an order by you to purchase Goods and services from YARDMILL.
5.0 Website Terms and conditions
Intellectual Property Rights: You acknowledge that YARDMILL or its related corporations own or are licensed to use all Intellectual Property Rights in YARDMILL, including any images, photographs or text that appears on the YARDMILL web site. You must not make any representation to the contrary and you must not use or copy YARDMILL in any manner inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. You acknowledge that any trademarks or logos that appear on the YARDMILL web site are owned by or licensed to YARDMILL or its related corporations, and that you must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.
Liability: We will use reasonable care and skill in providing the YARDMILL website and the Goods for your use. We are responsible for loss suffered by you as a result of our negligence if it causes personal injury or death; or a serious breach of this Agreement by us, if that loss was reasonably foreseeable at the time.
Subject to this clause, and to the extent permitted by law, you release and discharge YARDMILL and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with YARDMILL or this Agreement (including the installation, downloading, use or performance of any software related to the YARDMILL website or applications).
Provided that it’s fair and reasonable to do so, any liability by YARDMILL resulting from a breach of warranty (express or implied} will be limited as follows. If the breach relates to the Goods: to the replacement of the Goods; or the supply of equivalent Goods or to the cost of those Goods. If the breach relates to deliveries: to the re-supply of the delivery or the cost of having the deliveries supplied again. YARDMILL reserves the right to provide a refund or store credit in lieu of provision of the Goods and services.
These limitations don’t apply to any condition or warranty implied by legislation that does not permit YARDMILL liability to be limited.
Use of Goods & Website: YARDMILL Goods are only for personal consumption and must not be resold for commercial use. You may only use the Website for personal purposes unless YARDMILL provides express written consent to the contrary. Your use of the website is governed by these Terms and Conditions.
Notices and Notice of Changes: YARDMILL may add to, delete, or otherwise change any of the terms or conditions of this Agreement by giving you notice. Your use of YARDMILL after such notice will constitute your deemed acceptance of such changes. YARDMILL may give notice to you by email, conventional mail or notice on the
YARDMILL website. You may give notice to YARDMILL by email to email@example.com.
Termination: YARDMILL may terminate or suspend this Agreement at any time by giving notice or by sending you a message advising that your shopping privileges have been removed.
Termination of this Agreement is effective the day the notice is received, or such later date as specified in the notice. YARDMILL may remove anyone from the customer base, or terminate any YARDMILL customer account or Order, or
refuse to deliver to a particular address at any time. You may cease placing orders at YARDMILL at any time.
We reserve the right to refuse service, and/or remove or edit content if we, acting reasonably, deem that you have acted in breach of these Terms and conditions or have used the Site in a fraudulent or improper manner. YARDMILL also reserves the right to otherwise cancel Orders.
Severability: Each provision of this Agreement is severable. The Agreement remains enforceable even if individual clauses are removed or deemed unenforceable.
Copyright and Trade Marks: The YARDMILL website and its contents are subject to copyright. The copyright is owned by YARDMILL, or in the case of some material, a third party.
You may view this website and its contents using your web browser and electronically copy and print hard copies of parts of this site solely for personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of this site is strictly prohibited.
This website may include registered trademarks, and other trademarks that are otherwise protected by law. Except as expressly authorised,the use or misuse of any of these trademarks is strictly prohibited.
Disclaimer: You agree that your access to, and use of, this website is subject to these terms and all applicable laws, and is at your own risk. This website and its contents are provided to you on “as is” basis, the site may contain errors, faults and inaccuracies and may not be complete and current.
YARDMILL makes no representations or warranties of any kind, express or implied as to the operation of this website or the information, content, materials or products included on this site, except as otherwise provided under applicable laws.
Neither YARDMILL, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages whatsoever arising out of, or in any way related to, the use of this website and any other website linked to this website. This limitation applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for loss of profits, business interruption or the loss of data or information.
Viruses: YARDMILL cannot guarantee that any file or program available for download and/or execution from or via this website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release YARDMILL entirely of all responsibility for any consequences of its use.
Third Party and Other Websites: This website may contain links to third party websites. YARDMILL is not responsible for the condition or content of those sites as they are not under our control. You access those websites and/or use the website’s products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by YARDMILL of the sites or the products or services provided on the site.
YARDMILL does not permit any linkages to this website without prior permission.
YARDMILL is not responsible for the privacy practices of websites that are linked to this website via hyperlinks, banner advertising or otherwise. Please take care at all times to check whose website you are visiting.
Applicable Law: This site is created and controlled by YARDMILL. Your use of this site is governed by, construed and enforced in accordance with the laws of Victoria, Australia. Disputes arising from your use of this site are exclusively subject to the jurisdiction of the courts of Victoria, Australia.
This site may be accessed throughout Australia and overseas. YARDMILL makes no representations that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site