Culinary Carton Pty Ltd (ACN 603 946 014) (“Culinary Carton,” “we,” “us,” or “our”) invites the customers (“You”) to consider the terms and conditions on which we will supply to You the Products on our website www.culinarycarton.com.au. Please read these terms and conditions carefully before considering any purchase from our site or subscribing to any product we offer. By using this site, You agree to be bound by any terms and conditions and we would advise You to read these before accessing our site. We also reserve the right to alter any terms listed within which You will agree to be bound by through your continued use of the website and or service.

If You do not agree to any of these terms and conditions, You must not continue to use the website or purchase any products.

If You have any questions about the website, any associated product or service, or this agreement, please contact us on info@culinarycarton.com.au.

Who we are and what we do

Culinary Carton is the owner and operator of www.culinarycarton.com.au.

Culinary Carton is a food delivery concept which aims to provide You with chef prepared meals to make cooking more convenient, enjoyable and delicious. Through our website, we offer a subscription service where we deliver you, on a weekly basis, all the ingredients You will need to create tasty meals which are fittingly proportioned. Our service aims to help reduce cooking time, foster kitchen confidence, and deliver a range of recipes that have been specifically designed by a professional chef.

If You need to contact about any service related issue, or to share your experience with us please do so by emailing info@culinarycarton.com.au.

User guidelines

By agreeing to use our service, You must provide complete and accurate information. Any changes to this information must be conveyed to Culinary Carton.

By accessing the website, You agree that you are:

  • an age of majority in your jurisdiction and capable of entering into an enforceable contract;
  • a resident in the areas that Culinary Carton service;
  • not using the website or any other service related to Culinary Carton to conduct market research or for commercial purposes;
  • not interfering with, or attempting to interfere with the correct operation of the website through any means;
  • not uploading any content which is misleading or deceptive or which may mislead of deceive; and
  • not using the site for any other purpose, other than as a genuine or interested customer or potential customer.

If You do not agree to any of these terms, You must not continue to use the website or purchase any products.

Privacy policy

Culinary Carton use a separate document which is available on our website and contains our privacy policy. By agreeing to use the site, You also agree to be governed by this policy.

Purchase of the product

After subscribing to the service You will receive a weekly delivery which will include your order. Each separate order between You and Culinary Carton represents a separate binding agreement for the supply of those products. The subscription service Culinary Carton offers occurs in the form of a reoccurring charge, agreed to by You when You purchase your initial order. By entering into an initial order, You consent to this feature and accept responsibility for any reoccurring payments made to your selected form of payment.

Delivery

Each week, we delivery your products using a refrigerated shipping service to ensure a consistent quality and freshness of the items. We carefully pack all ingredients to ensure that they are delivered at the correct temperature for no more than twelve (12) hours. While the boxes are designed to remain out of refrigeration for up to twelve (12) hours, we strongly recommend that You refrigerate all products upon their arrival to maintain their quality and integrity.

Any deliveries cannot be made outside of security fences or gates, or on public property. By confirming your order with us, You grant us authority to leave delivery at the designated address.

If we unsuccessfully attempt delivery because of a failure on your part to meet your responsibilities set out within these terms and conditions, then we reserve the right to charge you for reasonable costs that may be associated with this failed delivery. Before we charge you, we will first contact you to discuss any possible alternatives available.

Upon the next delivery in the weekly subscription service, we may provide you with the option to have Culinary Carton collect your previous box for recycling. In such circumstances you will be notified prior to delivery about the availability of this option and we or any affiliated partners are under no obligation and reserve the right to refuse collection at any time.

In the case of unforeseen complications or inclement weather, it may be necessary to make alternative arrangements or adjust our delivery schedule. In the event of a lengthy delay, Culinary Carton will be in direct contact with You to let You know the status of any deliveries.

On delivery day, please ensure that your specified delivery address is accessible. In the case that your location is inaccessible due to your own fault, You may be responsible for such faults.

Please ensure that You also contact us immediately, should your product arrive without the correct or missing contents.

Suspension or cancellation

At any time, You may cancel or suspend your subscription. Your cancellation or suspension will take effect from midday (Melbourne time) on the Thursday following notification to us (“Effective Time”), and you agree to pay for any orders scheduled for delivery between notification to us and the Effective Time.

The Effective Time is subject to change and it is your responsibility to ensure that your service is suspended or cancelled. You may re-subscribe to the service at any time following your cancellation.

To cancel or suspend your subscription, You may log your account on the website, or alternatively contact one of our customer service representatives at info@culinarycarton.com.au.

Variation and availability

At Culinary Carton we aim to provide customers with the best quality products at the lowest available price. However, given the nature of seasonal produce we cannot always guarantee that items will be available for reasons uncontrollable to Culinary Carton. In this instance of this occurring, we will endeavour to substitute items which are of comparable value and suitable for use. While we aim to offer items which is similar to the original item You ordered, if You are not happy with the substitute item, please contacts us at info@culinarycarton.com.au.

Payment

Payment for the first item will be made immediately following your first order from our site. Following this, payment for subsequent items will be invoiced and charged via direct debit to your nominated credit or debit card on the Thursday prior to the delivery. The website will not accept any other payment methods other than that which is on the website. Culinary Carton also reserves the right to adjust pricing of our products or services at our own discretion. In the instance that this does occur, customers will first be notified by email or on our website of the resultant price changes. In the instance that payment is declined on a weekly delivery, Culinary Carton may decline to deliver the relevant order if alternative payment arrangements cannot be made.

Promotion activities

From time to time, Culinary Carton may issue promotional items or codes. These are to be used for the sole benefit of the individual to whom they are issued and cannot, in any case, be transferred, sold or exchanged. We reserve the right to cancel these promotions if these terms are breached or there is evidence of abuse of the promotional materials and items.

Consumer warranty and returns policy

The Australian Consumer Law provides consumers with certain consumer guarantees in respect of any goods and services that they may purchase.

Any purchase You make from Culinary Carton cannot be excluded under these laws and You may be entitled to a replacement or refund for purchased items which:

  • are of unacceptable quality;
  • are not reasonably fit for purpose; or
  • do not correspond to the item description on our website.

If You receive any items that You are not totally satisfied with for any of the above reasons, please contact us on info@culinarycarton.com.au and we will seek to promptly resolve the issue. In order to expedite the process, please take photos of any items which are the cause of your dissatisfaction. Depending on the circumstances, You may be entitled to a replacement or refund. However, no replacement or refund will be provided if you simply change your mind about any item.

Intellectual property rights

By using this website or any service related to Culinary Carton, You acknowledge that all intellectual property rights belong to us, including any photography, copy, text or imagery that appear on our site or related platforms. You are not authorised, without the acceptance of Culinary Carton, to use any of this material and must not make any representation, whether intended to mislead or not, that You are the owner of such material. In addition, You acknowledge that any logos or trade marks that appear on this site or any other Culinary Carton product or service are licenced to Culinary Carton and nothing must be done to affect these ownership rights.

Third party content

This website may contain certain links and connections to other third party websites. Any content of these websites are not under the control of Culinary Carton and You agree to access these websites at your own risk. These links are provided purely for your convenience and are no way an indication of Culinary Carton’s endorsement of the website or any other content provided on the website.

Applicable Law

Anything on this site or related platform is established and controlled by Culinary Carton. The law of Victoria and the Commonwealth of Australia apply exclusively to any disputes arising out of this service and will be settled within the jurisdiction of the courts of Victoria, Australia, and any courts having jurisdiction to hear appeals from those courts.

Consumer warranty disclaimer

Once the product is delivered, its use becomes solely at the risk of the customer and not Culinary Carton. You and not Culinary Carton accept any responsibly for the correct preparation, storage, cleaning and cooking of the meals and any ingredients involved in the service.

Under no circumstances will Culinary Carton be responsible for any losses or damages You suffer, whether direct or incidental, resulting from the use of Culinary Carton’s products or any related services.

In providing this service, Culinary Carton has made all possible effort to present the meals as accurately and correctly as possible. However, by using this service, You understand that there are a number of factors outside of our control, including but not limited to the availability and consistency of raw materials, manufacturing processes or supply capabilities. Although we will exercise all reasonable means to ensure the meals and other products conform to their offerings, any meals, pricing, specifications and offerings are subject to change.

Indemnification

You agree to indemnify and hold Culinary Carton and its employees, shareholders, representatives, directors, agents and successors harmless from any claims, actions, losses, damages, penalties, demands or costs consequent upon, occasioned by or arising from the performance, purported performance or non-performance of our obligations under these terms and conditions and your subscription. Where the jurisdiction does not allow this exclusion or limitation of liability, such jurisdictional liability will be limited to the greatest extent that the relevant law permits.

Allergies and dietary requirements

Culinary Carton do not guarantee the accuracy or correctness of any nutritional information provided by our service. We will not be responsible for any loss or damage which results from the customers’ reliance on this nutritional information nor for the customers failure to adequately prepare, store or consumer food in accordance with dietary needs to restrictions.

All food supplied by Culinary Carton contains or may contain traces of the nine major food allergies in Australia including milk, eggs, peanuts, tree nuts, sesame seeds, soy, fish, shellfish and wheat. By purchasing from us, You accept that Culinary Carton do not specifically cater for allergies, unless otherwise stated, and will not be held responsible for loss or damage which results from consumption or contact with food to which You are allergic to. If You require further information about the contents or nutrition of our products including any information about allergens, please contact us at info@culinarycarton.com.au.

Force majeure

Our obligations under these terms and conditions or your subscription will be suspended during the time and to the extent that we are prevented from or delayed in complying with those obligations by an act, omission or circumstance that we could not reasonably have exercised control including, but not limited to, an act of god, fire, lightning, explosions, flood, subsidence, insurrection or civil disorder, military operations, government restraint, expropriation, prohibition, intervention, direction or embargo, strike, lock-outs or other industrial disputes of any kind.

If we are affected by such an event, we will use our best endeavours to give you notice of the event within twenty-four (24) hours and use best endeavours to give particulars of the event within five (5) days and take all reasonable steps to remove or mitigate the relevant event.

Severability

If a provision of these terms and conditions is illegal or unenforceable in any relevant jurisdiction, it may be severed for the purposes of that jurisdiction with affecting the enforceability of the other provisions of these terms and conditions.

Termination

If you default in the performance or observance of any of your obligations under these terms and conditions or your subscription with Culinary Carton, we may, without limiting any other rights we may have, suspend or terminate your subscription with immediate effect. We may also suspend or terminate your subscription at any time, for any reason, on giving you four (4) weeks written notice.