Terms of service

These Terms and Conditions (“Terms”) apply to all sales of goods (“Products”) by Vinay Reddy Pty Ltd (ABN 94 119 455 364) (“Vinays Food”, “we”, “us”, “our”) to any purchaser (“Customer”, “you”, “your”). By placing an order with us, you agree to be bound by these Terms.

1. Orders and Acceptance

1.1 All orders are subject to acceptance by Vinays Food. We may decline or cancel any order at our discretion, including where Products are unavailable.

1.2 An order is not binding until confirmed by us in writing, whether by invoice, order confirmation, or other form of acknowledgement.

2. Pricing and Payment

2.1 All prices are quoted in Australian dollars (AUD) and are inclusive of GST unless otherwise stated.

2.2 Prices are current at the time of quotation but may be subject to change without notice.

2.3 Unless otherwise agreed in writing, payment is required in full prior to dispatch of Products.

2.4 If Vinays Food provides credit terms, payment must be made strictly in accordance with those terms. Interest may be charged on overdue amounts at Vinays Food discretion

3. Delivery, Risk and Title

3.1 Delivery times are provided as estimates only. Vinays Food accepts no liability for delays in delivery caused by carriers, suppliers, or circumstances beyond our reasonable control.

3.2 Risk in the Products passes to the Customer upon delivery to the address nominated by the Customer, or upon collection by the Customer’s nominated carrier.

3.3 Title to the Products remains with Vinays Food until all amounts owing are paid in full.

4. Returns and Refunds

4.1 The Customer must inspect all Products on delivery. Claims for shortages, defects or damages must be made in writing within seven (7) days of delivery.

4.2 If a Product is defective, Vinays Food will, at its option, replace the Product, supply an equivalent Product, or issue a credit.

4.3 Returns will not be accepted for change of mind or where Products have been opened, used, improperly stored, or damaged after delivery.

5. Intellectual Property

5.1 All intellectual property rights in the branding, trademarks, logos, marketing materials, product descriptions, and images of Vinays Food remain the property of Vinays Food.

5.2 Customers may not use, reproduce or distribute any such material without our prior written consent.

6. Privacy

6.1 Vinays Food collects and uses personal information provided by Customers for the purposes of processing orders, managing accounts, and delivering Products.

6.2 Personal information may be disclosed to logistics providers, payment processors, or as required by law.

6.3 Vinays Food will not sell or disclose Customer information for unrelated purposes without consent.

7. Disclaimers and Limitation of Liability

7.1 To the maximum extent permitted by law, all Products are supplied “as is” and Vinays Food excludes all warranties, conditions and guarantees not expressly set out in these Terms or required under the Australian Consumer Law.

7.2 Where liability cannot be excluded under the Australian Consumer Law, Vinays Food’ liability is limited, at our option, to:

   (a) the replacement of the Products;

   (b) the supply of equivalent Products; or

   (c) a refund of the purchase price.

7.3 Vinays Food will not be liable for any indirect, special or consequential loss, including loss of profits, opportunity or goodwill, arising out of the supply or use of Products.

8. Indemnity

The Customer agrees to indemnify and hold Vinays Food harmless against all claims, costs, losses or damages arising out of:

(a) the Customer’s misuse or resale of the Products; or

(b) any breach of these Terms by the Customer.

9. Termination and Suspension of Supply

9.1 Vinays Food may suspend or terminate supply, including any trade account, if the Customer breaches these Terms, fails to pay any amount when due, or becomes insolvent.

9.2 Termination does not affect any accrued rights or remedies of either party.

10. Governing Law

10.1 These Terms are governed by the laws of Victoria, Australia.

10.2 The parties submit to the exclusive jurisdiction of the courts of Victoria and their appellate courts.

11. Amendments

Vinays Food may amend these Terms from time to time by publishing the updated version on its website or providing written notice to Customers. The amended Terms will apply to all orders placed after the date of publication or notice.

Last Updated: September 2024