Terms of Service — Basketcase Gourmet

Overview

This website is operated by Basketcase Gourmet. Throughout the site, the terms "we", "us" and "our" refer to Basketcase Gourmet. Basketcase Gourmet offers this website, including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following Terms of Service, including those additional terms and policies referenced here and/or available by hyperlink. These Terms apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, you may not access the website or use any Services.

Any new features or tools added to the store are also subject to these Terms. You can review the current version at any time on this page. We reserve the right to update these Terms by posting changes to our website — it's your responsibility to check this page periodically. Continued use of the site after changes are posted means you accept those changes.

Our store is hosted on Shopify Inc., which provides the ecommerce platform that lets us sell our products to you.

Section 1 — Online store terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or territory of residence, or that you have your parent/guardian's consent to use this site.

You may not use our products for any illegal or unauthorised purpose, or violate any laws in your jurisdiction (including copyright laws) while using the Service. You must not transmit any worms, viruses, or destructive code. A breach of these Terms will result in immediate termination of your access to our Services.

Section 2 — General conditions

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

Content you submit (excluding credit card information) may be transferred unencrypted over various networks and adapted to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service without our express written permission.

Section 3 — Accuracy, completeness and timeliness of information

We are not responsible if information on this site is inaccurate, incomplete or out of date. Material on this site is for general information only and should not be relied upon as the sole basis for a decision. This site may contain historical information, which is not current and is provided for reference only. We may modify the site's contents at any time without obligation to update.

Section 4 — Modifications to the Service and prices

Prices for our products are subject to change without notice. We may modify or discontinue the Service at any time without notice, and are not liable to you or any third party for doing so.

Section 5 — Products or services

Products or services may be available exclusively online and may have limited quantities; returns and exchanges are handled according to our Refund Policy.

We make every effort to display product colours and images accurately, but cannot guarantee your monitor's display will be accurate. We reserve the right to limit sales of any product or service to any person, region, or jurisdiction, to limit quantities, and to discontinue any product at any time. Product descriptions and pricing are subject to change without notice.

Section 6 — Accuracy of billing and account information

We reserve the right to refuse any order, and to limit or cancel quantities purchased per person, household, or order — including orders that share the same account, card, or billing/shipping address. If we change or cancel an order, we may contact you using the details provided at the time of order.

You agree to provide current, complete and accurate purchase and account information, and to promptly update it (including email address and payment details) so we can complete transactions and contact you as needed. For more detail, see our Refund Policy.

Section 7 — Optional tools

We may give you access to third-party tools we don't monitor or control. Any use of these tools is at your own risk, and you should review the relevant third party's own terms. We may offer new tools or features in future, which will also be subject to these Terms.

Section 8 — Third-party links

Some content or links on this site may lead to third-party websites not affiliated with us. We're not responsible for the content, accuracy, or practices of third-party sites — please review their own policies before transacting with them.

Section 9 — User comments, feedback and other submissions

If you send us comments, suggestions, or other submissions, you agree we may use, edit, publish or distribute them without restriction or compensation, and without obligation to keep them confidential or to respond. You agree your submissions won't violate any third party's rights and won't contain unlawful, abusive, or harmful material, and that you won't misrepresent your identity.

Section 10 — Personal information

Your submission of personal information through the store is governed by our Privacy Policy.

Section 11 — Errors, inaccuracies and omissions

Our site may occasionally contain typographical errors or omissions relating to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct these and to cancel orders if information is inaccurate, without prior notice, including after an order has been submitted.

Section 12 — Prohibited uses

You may not use the site or its content for any unlawful purpose; to solicit others to perform unlawful acts; to violate any regulations or laws; to infringe our or others' intellectual property; to harass, abuse, or discriminate against anyone; to submit false or misleading information; to transmit viruses or malicious code; to collect or track others' personal information; to spam, phish, or scrape; or to interfere with the security of the Service.

Section 13 — Disclaimer of warranties; limitation of liability

We don't guarantee the Service will be uninterrupted, timely, secure, or error-free, or that results from using it will be accurate or reliable. The Service and all products/services delivered through it are provided "as is" and "as available," without warranties of any kind except as expressly stated. To the maximum extent permitted by law, Basketcase Gourmet and its directors, officers, employees and affiliates are not liable for any indirect, incidental, punitive, special or consequential damages arising from use of the Service.

(Nothing in this section limits any consumer guarantee you're entitled to under the Australian Consumer Law that cannot lawfully be excluded.)

Section 14 — Indemnification

You agree to indemnify and hold harmless Basketcase Gourmet and our affiliates, officers, directors, agents and employees from any claim or demand — including reasonable legal fees — arising from your breach of these Terms or violation of any law or third-party right.

Section 15 — Severability

If any provision of these Terms is found unlawful or unenforceable, that provision will be enforced to the maximum extent permitted, and the rest of the Terms remain in effect.

Section 16 — Termination

These Terms remain effective unless terminated by you or us. You may stop using the site at any time. We may terminate this agreement at any time without notice if we believe you've failed to comply with any term.

Section 17 — Entire agreement

Our failure to enforce any right or provision doesn't waive that right. These Terms, together with any policies posted on this site, form the entire agreement between you and us regarding use of the Service.

Section 18 — Governing law

These Terms are governed by and construed in accordance with the laws of Australia.

Section 19 — Changes to Terms of Service

We may update these Terms at any time by posting changes to our website. It's your responsibility to check this page periodically — continued use of the site after changes are posted means you accept them.

Section 20 — Contact information

Questions about these Terms should be sent to:

Basketcase Gourmet Email: info@basketcasegourmet.com.au Address: PO Box 628, Williamstown VIC 3016, Australia Phone: 03 9397 6805 ABN: 30 893 036 932