Terms and Conditions

Last Updated: January 2025

Welcome to Guzman y Gomez. These Terms and Conditions ("Terms") govern your use of our website https://guzmany-gomez.com and our food delivery and pickup services. By accessing or using our website and services, you agree to be bound by these Terms.

IMPORTANT: Please read these Terms carefully before using our services. If you do not agree with any part of these Terms, you must not use our website or services.

1. Definitions

2. Acceptance of Terms

By using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Refund Policy. These Terms constitute a legally binding agreement between you and Guzman y Gomez.

3. Eligibility

You must be at least 18 years of age to use our services and place orders. By using our services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

4. Account Registration

4.1 Account Creation

To access certain features of our services, you may be required to create an account. When creating an account, you agree to:

4.2 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or any other reason at our sole discretion.

5. Orders and Payment

5.1 Placing Orders

When you place an order through our website, you are making an offer to purchase our products. We reserve the right to accept or reject your order for any reason, including but not limited to:

5.2 Order Confirmation

You will receive an order confirmation via email once your order has been accepted. This confirmation does not signify acceptance of your order but merely acknowledgment of receipt.

5.3 Pricing

All prices are displayed in Australian Dollars (AUD) and include GST where applicable. Prices are subject to change without notice. We reserve the right to correct pricing errors on our website or orders.

5.4 Payment

Payment is due at the time of order placement. We accept the following payment methods:

All payment information is processed securely through third-party payment processors. We do not store your complete credit card information.

5.5 Delivery Fees

Delivery fees vary based on your location and order size. Applicable delivery fees will be displayed before you complete your order.

6. Delivery and Pickup

6.1 Delivery Service

We offer delivery services to specified areas across Australia. Delivery times are estimates and not guaranteed. We will make reasonable efforts to deliver within the estimated timeframe.

6.2 Delivery Requirements

6.3 Pickup Service

For pickup orders, you must collect your order from the designated location within the specified timeframe. Uncollected orders may be discarded, and no refund will be provided.

6.4 Failed Deliveries

If a delivery cannot be completed due to incorrect address, unavailability, or other customer-related issues, additional fees may apply for redelivery, or the order may be cancelled without refund.

7. Food Safety and Quality

7.1 Food Preparation

We prepare all food items in accordance with Australian food safety standards. However, our kitchen facilities may handle allergens including:

7.2 Allergen Information

It is your responsibility to inform us of any food allergies or dietary restrictions. While we make reasonable efforts to accommodate requests, we cannot guarantee that our products are completely free from allergens.

7.3 Food Handling

Once food is delivered or picked up, it is your responsibility to handle and store it properly. We are not liable for any issues arising from improper food handling after delivery or pickup.

8. Intellectual Property

8.1 Ownership

All content on our website, including but not limited to text, graphics, logos, images, and software, is the property of Guzman y Gomez and is protected by intellectual property laws.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes. You may not:

9. User Conduct

You agree not to:

10. Limitation of Liability

To the maximum extent permitted by law:

11. Indemnification

You agree to indemnify, defend, and hold harmless Guzman y Gomez, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your violation of these Terms or misuse of our services.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our services after changes are posted constitutes acceptance of the modified Terms.

13. Modifications to Services

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without notice. We are not liable for any modifications, suspensions, or discontinuations.

14. Promotions and Discounts

Promotional offers and discount codes are subject to specific terms and conditions. They cannot be combined with other offers unless explicitly stated and may be subject to expiration dates and usage limitations.

15. Third-Party Services

Our website may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of these third-party services.

16. Privacy

Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

17. Dispute Resolution

17.1 Governing Law

These Terms are governed by the laws of Australia, specifically the state of Tasmania, without regard to conflict of law principles.

17.2 Jurisdiction

Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Tasmania, Australia.

17.3 Informal Resolution

Before initiating formal legal proceedings, you agree to contact us to attempt to resolve any disputes informally.

18. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

19. Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

20. Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Guzman y Gomez regarding the use of our services.

21. Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

22. Force Majeure

We are not liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, strikes, war, pandemics, or government actions.

23. Contact Information

Guzman y Gomez

Address: 630 Jaida Cross West Novellaberg, TAS 2945, Australia

Phone: +33 512 346 032

Email: [email protected]

24. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer rights under the Australian Consumer Law or other applicable laws that cannot be excluded, restricted, or modified by agreement.

25. Acknowledgment

By using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

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