Terms Of Service

1. Overview

These Terms of Service (“Terms”) govern the use of the Nosh Gourmet Food & Gifts website and services. By accessing our website or placing an order, you agree to be bound by these Terms.

2. Eligibility to Use

To use our website and purchase products, you must:

  • Be at least 18 years of age, or have permission from a parent or guardian
  • Provide accurate and complete information when placing an order
  • Use our services in accordance with applicable laws in Australia

3. Products & Availability

  • All products are subject to availability.
  • We reserve the right to modify, replace, or discontinue items without notice.
  • Images on the website may be for illustrative purposes and could differ slightly from the actual product.
  • Substitutions may occur in hampers or gift boxes if items are unavailable, always maintaining equal or greater value and quality.

4. Pricing & Payments

  • All prices are listed in Australian Dollars (AUD) and include GST where applicable.
  • We reserve the right to change prices at any time without prior notice.
  • Payment must be made in full at the time of ordering.
  • Orders will not be processed until payment has been successfully received.

5. Order Acceptance

  • Placing an order does not guarantee acceptance.
  • We reserve the right to refuse or cancel any order for reasons including but not limited to:
    • The entire order is unavailable
    • Payment issues or suspected fraud
    • Incorrect or incomplete information

If an order is cancelled after payment, a full refund will be issued.

6. Delivery

All deliveries are subject to our Delivery Terms & Conditions. We are not responsible for delays caused by third-party carriers or events outside our control.

7. Cancellations & Changes

  • Orders may be cancelled or changed only if they have not yet been processed or dispatched.
  • Once an order has been prepared or shipped, cancellations are typically not possible.
  • Perishable or custom-made products cannot be cancelled once preparation has begun.

8a. Refunds & Returns (Hampers)

  • Due to the nature of our products (including food and gift hampers), returns are generally not accepted.
  • Refunds or replacements may be provided if:
    • The product is faulty or damaged on arrival
    • The wrong item was supplied
  • Any issues must be reported within a reasonable timeframe after delivery.

8b. Refunds & Returns (Individual Food Items & Giftware)

  • Due to the nature of our products (including food items and giftware), returns are generally not accepted.
  • However, you are entitled to a refund, replacement, or repair in accordance with Australian Consumer Law if a product is:
    • The product is faulty or damaged (original packaging is preferred where possible)
    • Not as described or wrong item supplied (applicable to online purchases only)
    • In-store purchases are subject to Australian Consumer Law. Change-of-mind returns are not required and are offered at our discretion.

To be eligible, items must be reported within a reasonable time with proof of purchase. Where possible, remain in their original packaging.

We may request photos or additional information to assess the issue before processing a refund or replacement (applicable to online purchases). 

9. Substitutions

In some cases, products may be substituted due to stock availability. Substitutions will:

  • Match or exceed the original product value
  • Maintain the overall theme and quality of the hamper or gift

We will make reasonable efforts to ensure substitutions are appropriate and inform the purchases of any changes.

10. User Information

You agree to:

  • Provide accurate delivery and contact details
  • Keep your account information (if applicable) up to date
  • Accept responsibility for orders placed using your details

We are not responsible for delays or failed deliveries due to incorrect information provided by the customer.

11. Intellectual Property

All website content, including images, branding, logos, and text, is owned by Nosh Gourmet Food & Gifts unless otherwise stated. You may not reproduce, distribute, or use our content without written permission.

12. Third-Party Services

We may use third-party providers (e.g. couriers, payment processors). We are not responsible for the performance, delays, or actions of these third parties.

13. Limitation of Liability

To the maximum extent permitted by law:

  • We are not liable for indirect, incidental, or consequential losses
  • We are not responsible for delays or failures caused by events outside our control
  • Our total liability is limited to the value of the goods purchased

14. Privacy

Your personal information is handled in accordance with our Privacy Policy and applicable Australian privacy laws.

15. Changes to Terms

We may update these Terms at any time. Updated versions will be posted on our website and take effect immediately upon publication.

16. Contact Us

If you have any questions about these Terms, please contact us via the details listed on our website.