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Terms & Conditions

Thank you for visiting our website. This website is owned and operated by The Olive & Sage Co. Pty Ltd. (ABN 97 631 954 544). By accessing and/or using this website and its related services, you agree to these Terms and Conditions, which include our Privacy Policy. You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.

1. DEFINITIONS

For the purpose of these terms and conditions, the following definitions apply: 

  • In these Terms, ‘us’, ‘we’ and ‘our’ refers to Olive & Sage Co. Pty Ltd and the Olive & Grain brand. 
  • Participants refers to customers, people, entities, etc.
  • Company’ refers to Olive & Sage Co. Pty Ltd and the Olive & Grain brand.
  • Product refers to platters, hampers, subscription boxes, cakes, quiches and any other products that are advertised on the Olive & Grain website and social media.
  • Perishable‘ refers to platters, cakes and quiches, or any Olive & Grain products that contain dairy, meat, seafood or other products which have a small shelf life.
  • Business Day’ means any day from Monday to Friday inclusive, except public holidays.
  • Contentincludes all text, graphics, logos, audio and software.
  • Recipient’ refers to the Customer, Consumer or website visitor.
  • Terms’ refers to these Terms & Conditions.

2. REGISTRATION

When you register and activate your account, you will provide us with personal information such as your name, email address and password. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

 

You are responsible for keeping your password secure and for all use and activity which takes place in connection with your account.

 

To create an account, you must agree and undertake to use the website in accordance with these Terms.

 

If you would like to delete your account entirely, please contact us at hello@oliveandgrain.com.au with the subject line “DELETE ACCOUNT” and your account will be deleted within 3 – 5 business days.

3. COLLECTION NOTICE

We collect personal information about you in order to respond to your enquiry, create your account, send you our newsletter, process your order, send you updates regarding your order, competition entries and for purposes otherwise set out in our Privacy Policy.

 

We may disclose your information to third parties that help us deliver our products and services (including information technology suppliers, couriers, logistics service providers, communication suppliers 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 products or services to you. We do not generally disclose your personal information to recipients that are located outside of Australia.

 

Our Privacy Policy explains:

 

(i) How we store and use, and how you may access and correct your personal information.

(ii) How you can lodge a complaint regarding the handling of your personal information.

(iii) How we will handle any complaint.

 

If you would like any further information about our privacy procedures or practices, please contact us by email to hello@oliveandgrain.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.

4. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

 

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 or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that 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.

5. PAYMENT

Payments may be made by credit/debit card. You warrant that any credit/debit card being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer and we may share your personal information with such third parties as is necessary to enable us to do such checks. If the issuer of your payment card or the payment processor does not authorise payment to us, we will not be liable for any delay or non-delivery.

 

Product orders must be paid in full prior to delivery.  Orders where payment is Pending or Processing will be placed on hold until the payment goes through. Orders that have failed payments will not be honored. Your order is confirmed when you receive your order confirmation number via the email you provide us with.

6. DELIVERIES / SHIPPING

Deliveries in Australia generally take 3 to 5 business days.  When you place an order you will receive an email acknowledging that your order has been received and your payment has been processed. You will also receive an order number for your reference. In the unlikely event of delivery problems at our end, we will keep you informed via email of expected dispatch dates.

 

Whilst we prefer you to be at home to accept your delivery, special delivery instructions can be provided at the time of placing your order. If there are no delivery instructions, your order will be left outside your front door and we will take no responsibility for missing or damaged items. Should we feel there is no appropriate place to leave your order we will take it back to your local store where you can either pick it up personally or we can deliver at an additional fee for same day delivery or on a different date for non-perishable items where the delivery fee will be recalculated.

 

Perishable products will not be left unattended under any circumstances and we require that you are home to receive them. In the case that nobody is home, we will take the product back to our warehouse.

 

We are not responsible for any loss or damage which occurs to items after delivery due to late collection or otherwise. 

 

Any changes to the delivery details must be sent to hello@oliveandgrain.com.au 48hrs before the specified delivery date.

6.1 PERISHABLE GOODS

Title and risk of loss to all Products will pass to you on delivery. In the case of perishable products being ordered, please ensure you or the recipient is available for collection.

 

Every attempt is made to ensure goods are packaged for shipping to retain freshness and quality. We recommend consuming perishable products within 24-hours to ensure freshness and quality. 

 

The product(s) will be delivered within the time slot that the customer has chosen. In the unlikely event of delivery problems on our end, we will keep you informed via phone or email that you provided. 

 

Unless otherwise stated, we will deliver your products to the address indicated on your order confirmation. If no one is available to take delivery of your Product(s), we reserve the right to take the Product(s) back to our warehouse. Perishable goods will not be left at the door under any circumstances. Recipients will have the chance to pick up the goods from our warehouse or organise delivery at a later time for an additional fee which is up to the discretion of our team. We are not responsible for goods that are not collected or when delivery to the stated address is not possible.

6.2 NEXT DAY / SAME DAY DELIVERIES

Next Day or Same Day orders and deliveries will only be accepted under special circumstances which are up to the discretion of our team. To enquire about Next Day or Same Day deliveries please email us at hello@oliveandgrain.com.au with the subject line “NEXT DAY ORDER” or “SAME DAY ORDER” and our team will get in touch. We cannot guarantee that these orders will be possible.

7. RETURNS/ EXCHANGES

If you have concerns about your order please contact us at hello@oliveandgrain.com.au referencing your order number in the subject line of the email.

 

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 Product(s) repaired or replaced if the Product(s) fail to be of acceptable quality. 

7.1 NON-PERISHABLE GOODS

If you take delivery of a package and in the unlikely event the contents have been damaged in transit, or are defective or incorrect, please contact us via hello@oliveandgrain.com.au as soon as possible to inform us of your wish to return or replace your goods. You must include a photo of the said goods, original order number, your full name, address and detailed description of the issue in the email.

 

It is your responsibility to meet the costs of returning the goods to us, and to take care that they are not damaged while in your care or in transit.

 

We strongly recommend that an insured or registered postal service is used for returns as we are not responsible for items lost or damaged in transit.

 

Once the item has been received, inspected and approved, we will exchange the product or issue a refund for the purchase amount in the same manner the original order was paid. We will also refund the postage cost of returning the item to us. However, if the problem with the product was a major failure, you can choose whether to receive a refund or a replacement.

7.2 PERISHABLE GOODS

In the case of perishable goods, if the goods fail to be of acceptable quality or in the unlikely event that they are damaged, defective or incorrect, please contact us via hello@oliveandgrain.com.au immediately. A member of our team will arrive to inspect the product, bringing a replacement if necessary. In the unlikely event that our product is found to be defective, you are entitled to a refund or replacement.

 

If you choose to return a perishable product on the grounds that it is faulty, we reserve the right to take back the product in its exact, original condition in which it was delivered. For platters this includes; the wooden board, entirety of the platter contents and the box.

7.3 CHANGE OF MIND

Please note that, given the nature of our products, we do not provide refunds or exchanges where you have changed your mind about a purchase unless the product is unused, sealed and in a re-saleable condition. We do not offer refunds or exchanges on perishable product(s) for change of mind.

 

Please email your request to return your product to hello@oliveandgrain.com.au and we will send an address for you to send your unopened product(s) to us. We must receive returned product(s) within 30 days of your order together with a copy of your sales invoice / order confirmation. Please note that shipping a return is at your own cost and we are unable to refund your original orders delivery fees.

8. BOARDS

Our Wooden Platter Boards are included with every platter order. We cannot guarantee that every board will look exactly the same due to the nature of wood.

9. GRAZING TABLES

Grazing tables must be booked 4 – 6 weeks in advance. A deposit of 20% of the agreed upon quote must be paid to secure the booking. Deposits are non-negotiable for this product.

Cancellations

  • Notice of 31 days or more: Full deposit refunded or in the case deposit not received no charges will apply;
  • Notice of 15 to 30 days: 50% deposit retained or in the case that the deposit was not received 10% of total event cost + $100 administration fee will be charged;
  • Notice of 7 to 14 days: Full deposit retained or in the case that deposit not received 20% of total event cost + $100 administration fee will be charged;
  • Notice of 7 days or less: Flavours Catering + Events reserves the right to full payment of total event cost.

10. PROMOTIONS AND COMPETITIONS

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

10.1 FREE DELIVERY ON ORDERS OVER $200 (ONGOING PROMOTION)

The sub-total of the order must be over $200 for Free Delivery to apply.

10.2 ENJOY THE MOMENT INSTAGRAM PROMOTION (ONGOING PROMOTION)

Participants may enter our ongoing social media promotion by posting a photo of their Olive & Grain product on Instagram.

  • All entries must tag the photo with the companies official Instagram, the entrant  must be following the companies official Instagram account (@theoliveandgrain) and must include the hashtag #enjoythemoment in their post.
  • Entrants provide Olive & Grain with a worldwide, perpetual and royalty-free licence to use the entrants submission, including any images or other materials, for promotional purposes.
  • Valid for Australian customers only.
  • Not valid with any other offers.
  • Discount codes will be sent via private message on Instagram from the official Olive & Grain social media accounts.
  • Any images or posts that infringe on a third party’s intellectual property would give Olive & Grain the right to disqualify the entrant and remove the relevant images or posts.
  • Reposts will not be accepted as entries and only one post per order is eligible for this offer. Only original content will be accepted.
  • Entries will be judged by the discretion of our team, any entries that are deemed inappropriate content or contain profanity will be disqualified.
  • We reserve the right the right to request that any content featuring Olive & Grain products be taken down from social media.

Olive & Grain owns all content that is posted of our products, including but not limited to, all social media posts, photos, videos and stories.

11. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest entries) 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;

 

(i) Maintain any comments in confidence

(ii) Pay compensation for any comments

(iii) Respond to any comments

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

12. LINKED SITES

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over rights in those linked websites.

13. 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) on this website and in all of the material made available on this website.

 

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 and conditions set out in this Agreement 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 or location and 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.

13.1 MEDIA RIGHTS

All photo and video content on the website and official social media accounts of Olive & Grain are owned by Olive & Sage Co. Pty Ltd and may not be used by third-parties without express written permission. Olive & Grain must be tagged and credited in the use of any Olive & Grain media in reposts, blog posts, articles or any other content that includes our media.

 

Any re-use or re-post of Olive & Grain media without express written permission will be viewed as a copyright infringement and may lead to legal action.

14. UNACCEPTABLE ACTIVITY

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

  • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
  • using this website to defame or libel us, our employees or other individuals;
  • uploading files that contain viruses that may cause damage to our property or the property of other individuals; and
  • posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.

If we allow you to post any information to our website, we have the right to take down your information at our sole discretion and without notice.

15. 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, any Content, 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.

 

If you rely on any of the information provided on this website, you do so at your own risk.

16. 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 your 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.

17. JURISDICTION AND GOVERNING LAW

Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.