Website Terms of Use

1. Introduction

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY PART OF OUR WEBSITE OR SERVICE.

 

Crazy Fresh strive for 100% customer satisfaction through selling delicious and healthy meals to your home or office. To assist us in keeping you happy please ensure you read and understand our website ‘Terms of Use’.

 

Welcome to our website. This website with URL address http://crazyfresh.com.au is owned and operated by Crazy Fresh Pty Ltd ABN: 59 614 694 030.

Should you continue to use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Crazy Fresh’s relationship with you in connection with this website. Should you not agree with any of these terms and conditions, please do not use our website.

 

The term ‘Crazy Fresh’ or ‘us’ or ‘our’ or ‘we’ refers to CF, the owner of the website, whose registered office is 38310571907, Queensland. The term ‘you’ or ‘your’ refers to the website user.

 

IMPORTANT HEALTH INFORMATION

People with certain conditions MUST HAVE a doctors approval prior to consuming any of Crazy Fresh’s products; these include, but are not limited to people who: (a) are pregnant, (b) have anorexia or bulimia, (c) have chronic kidney disease, (d) children under 18 years old, or (e) nursing mothers. People with these or any other serious health conditions must seek doctor approval before buying any products from Crazy Fresh. Please consult your doctor before beginning consumption of any Crazy Fresh products, as changing your diet or exercise, or losing weight, may affect some medical conditions and medications. Your doctor may need to adjust your medications due to changes in your diet, exercise, or weight. You should discuss your continued participation in the consumption of any of Crazy Fresh’s products with your doctor if there is any change in your medical condition.

 

2. Using our Website
Your use of this website is subject to the following terms and conditions:

  1. The content of this website is for your general information and use only. It is subject to change without prior notice.

  2. This website uses cookies to monitor browsing preferences. If you allow cookies to be used, the following personal information may be stored by us for use by third parties: sex, address, phone number, email.
  3. Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
  4. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  5. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website. Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  6. All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.
  7. Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.
  8. This website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.
  9. Your use of this website and any dispute arising out of your use of it is subject to the laws of Queensland.
  10. You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website.
  11. These terms and conditions do not relate to your use of any product or service described on our website unless otherwise agreed. You must refer to the individual warranty relevant to any particular product or service.
  12. These terms and conditions may be amended from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments.
  13. You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.
  14. In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this website.
  15. Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

3.0 Ordering, Payments and Delivery Rules

 

Accurate Accounts: Information provided by you in placing an order or opening an Account must be accurate and complete. You must inform Crazy Fresh if there is a change to any of your details.

Minimum Order Amounts: We reserve the right to specify a total minimum value for orders, below which orders will not be accepted. We may also charge a delivery fee on order values below a certain value. Minimum values and values subject to delivery fees may change from time to time, but will be clearly stated on Crazy Fresh’s website. We may decide to accept an order which is below the minimum order value. Doing this in one instance won’t oblige us to accept an order which is below the minimum order value at any other time. The order value and the minimum order value are based on the value after any promotional discounts are applied, but it excludes any delivery fee.

 

Delivery and Order Times: You can place an order with Crazy Fresh at any time. You can view if we deliver to your area, and the days we deliver, from the delivery section of Crazy Fresh’s product page or checkout page of our website. You may select an available delivery day up to 2 days or 48 hours in advance of the day you place your order. Any delivery day and time you select through the checkout process cannot be confirmed until you finish placing your order.

 

Orders received by 10am Monday can be delivered the following Wednesday and order received by 10am Wednesday can be delivered the following Friday, unless you select to have your order delivered at a later date.

 

For all orders via our phone please call our customer support number on (07) 5477 1687 and a friendly Crazy Fresh staff member will assist you making your order over the phone. We accept MasterCard, Visa and Amercian Express.

 

Delivery: Crazy Fresh will deliver the goods to you at the delivery address on the date and within the delivery window selected by you or as otherwise maybe agreed between you and support@crazyfresh.com.au. We will presume that anyone present at the delivery address who receives the goods is authorised by you to receive the goods. It is not possible for us to determine exactly what time within the delivery window the driver will deliver your order.

 

If you request our driver to deliver the goods beyond your front door and we agree that it is practical to do so, you agree to continually indemnify and hold harmless Crazy Fresh (including its officers, employees, contractors and agents) from any loss suffered or incurred through the delivery of the goods beyond your front door. ‘Loss’ means any loss including any liability, cost, expense, claim, proceeding, action, demand or damage.

 

Special Delivery Instructions; Safe & Cool Place, and Authority to Leave: For the safe delivery of your goods it is a mandatory requirement that you nominate a safe and shady place where you authorise us to leave your esky on the day of delivery if you are not present when your order is delivered. It is your responsibility entirely to ensure, through your special delivery instructions and the location itself that your safe and shady place is straightforward for our driver to find and safe for our driver to access. It must also be sufficiently secure as to avoid the possibility of your esky being stolen, and it must also be a location out of direct sun (especially on hot days in summer).

 

We cannot leave eskies outside security gates or on public property. If you live in an apartment building with a security gate or premises where there is not a safe and shady space to leave your meals if you are not home at the delivery time, we encourage you to direct us to deliver your goods to an alternative address, such as your place of work.

 

By confirming your order, you grant Crazy Fresh (including its officers, employees, contractors and agents) an authority to leave. You agree to continually indemnify and hold harmless Crazy Fresh (including its officers, employees, contractors and agents) from any loss suffered or incurred through the delivery of the goods according to your specific delivery instructions. ‘Loss’ means any loss including any liability, cost, expense, claim, proceeding, action, demand or damage.

 

If we are unable to leave the goods at your nominated delivery location, we will attempt to contact you by telephone for further delivery instructions. We reserve the right to charge an additional delivery fee if you direct us to deliver your goods to an alternate location. Your goods are perishable and are packed in enough ice to keep them chilled for 5 to 6 hours from time of delivery to your door. If we cannot deliver them in accordance with your instructions on the agreed delivery date, you remain liable for the goods you have ordered, and yet we may be forced to discard those goods (due to failure on your part to enable us to deliver) without any liability to you to refund you for or replace those goods, or refund any delivery fee. We do on the other want you to be 100% satisfied and we understand mistakes can happen, therefore we are happy to help our customers out one time every year and cover 50% of your mistake which will cover some portion of a replacement delivery.

 

Order and Delivery Communications: We will confirm your order online at the time you place and pay for it via provision of a Crazy Fresh customer order number. We will also send you an email confirmation of your order, and a subsequent email if you change the date/time of your order, or in the event your order is cancelled. We will send you two text messages, one the day before your delivery confirming your goods are scheduled for delivery on the next day (to your nominated delivery address or store location), and the second text to confirm your goods have been delivered to your nominated address in a safe and shady place. This second text, relating to a home delivery, may include advice from our driver in relation to your safe and shady place and/or an alternate location where the driver may have left your esky.

 

Crazy Fresh does not provide a hard copy delivery note or invoice with the esky. Please refer to your order confirmation email or your order history and tax invoices stored within your Crazyfresh.com.au account. We do this for environmental benefits.

 

Order Cancellation: As we are committed to you being 100% satisfied and can understand in our busy lifestyle today we generally allow all orders to be cancelled 48 hours before your chosen deliver day. After this time of 48 hours you are committed to the goods and services being provided by Crazy Fresh. You can cancel your order within this time period by calling Crazy Fresh support on (07) 5477 1687, please have your email confirmation available so as to speed up the cancellation process. If you cancel your order within this time period, the total cost of your order, including all fees and charges, will be automatically refunded to the payment type you used to place that order.

 

Order Changes to Items and Delivery Address: If you have forgotten something or otherwise wish to amend your order, then within the first 48 hours before your delivery date you should call Crazy Fresh support on (07) 5477 1687 to update your order. To easily recreate that order with some amendments, you can easily access that cancelled order from your order history and save the items in that cancelled order to a list or add them directly to your wishlist, thereby creating the start of a new order. You can then add or change the items in your box before moving through the checkout again and placing a new order.

 

Delivery Date/Time Change: Depending on the time between when you originally placed your order and the day you select to have your order delivered, you may or may not be able to subsequently change the day and time when your order is delivered. After 12am on the day which is two days (48 hours) before your order is scheduled to be delivered, it will not be possible to change. Prior to this time, if you wish to change your delivery day and time please call our Crazy Fresh customer support team on (07) 5477 1687 or email us your request on support@crazyfresh.com.au.

 

Order Cancellation & Amendments by Crazy Fresh: We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if the goods in that order are not available; or there is an error in the price or the product description posted on the website for the product in that order; or your order has been placed in breach of our websites terms and conditions.

 

If we cancel any part of an order we will endeavour to provide you with reasonable notice of that cancellation by email, and we will not charge you for the cancelled order (or part of the cancelled order). We will reimburse you the purchase price of the cancelled part of your order, via a store credit to your account, a refund to your original payment method, or through an alternative means determined by us.

 

Out of Stock Items: Generally out of stock items will appear as such on the website, and you should not be able to order them. However, if a product you do order is later determined by us to be unavailable, we will let you know by email or phone. You will not be charged for that item and the purchase price will be refunded to your original payment method or via a store credit to your account, or an alternative means determined by us.

 

Missing or Incorrect Items: If an item you have ordered is missing from the esky we deliver to you, and you have not already heard from us about a shortfall in your order, then please contact us immediately by email and briefly explain the issue making reference to your order number. If we agree that there is an error in your order, we will provide you a store credit or refund for the item or items that you ordered and that have not been supplied, or that have not been supplied correctly (such as a different flavour variant of a like product). We will not expect you to pay for items you have received incorrectly, and we will not ask for them to be returned.

 

Risk and Title in the Goods: Risk and title in the goods passes to you upon home delivery, or in-person purchases from our physical stores, the risk and title passes to you at the time of collecting or paying for your Crazy Fresh goods.

 

If it is arranged by you and the Crazy Fresh team to deliver your goods to an alternate delivery location due to us being unable to deliver to the delivery address and place you nominated, then risk and title in the goods passes to you upon our driver leaving the goods at that agreed alternate delivery location.

It is your responsibility to contact us as soon as possible and certainly by 21.00pm on the day of delivery if there is any issue with your order. Failure to do so may limit the responsibility we can accept for the condition of the goods we have delivered to you, however we will do our best to ensure your order has been fulfilled correctly.

It is a condition of placing an order with Crazy Fresh that even after title in the goods have passed to you, that you will NOT on-sell, or attempt to on-sell, or otherwise trade the Crazy Fresh branded goods.

 

Esky Ice/Gel Packs: The esky you receive from Crazy Fresh will have ice or gel packs. Warning statements appear on the ice/gel packs and it is your responsibility to read those warnings and act accordingly.

 

We refrigerate each esky below 4 degrees before each delivery, making allowance for the size of box and the expected weather conditions. We warrant that the items in your Crazy Fresh esky will remain chilled in that esky so long as the box remains unopened, taped closed, and out of direct sun up until 9pm on the day of delivery.

We advise you to transfer your gods from the esky to a fridge as appropriate, as soon as possible after delivery. If for some reason the items in your esky are not chilled when you open the box (before 9pm on the day of delivery) please do not refreeze or consume the products and contact us immediately.

 

Return of Esky: Please leave the esky in which we deliver your goods out for collection by our driver at the time of your next delivery from Crazy Fresh. We will only collect your empty esky if it is in a satisfactory condition and fit for reuse. Packaging & Labelling of Goods: Crazy Fresh aims to provide up-to-date pictures and details of the goods sold via our website or in our stores. At times, the picture or details of the goods may differ from the goods actually supplied to you. Crazy Fresh uses best endeavours, but does not warrant the accuracy of the information contained about the products, descriptions and pictures, and recommends that you read labels carefully before consuming any of our goods, together with any product specific updates on the product details page for that item on the Crazy Fresh website or within your order confirmation email.

 

Serving Sizes and Portion Control Guidance: Crazy Fresh aims to provide accurate guidance on the serving size and number of serves per pack for two main reasons.

 

Firstly, we try and inform our customers of the typical range of serves a pack contains so as you can best gauge the quantity of a particular item required for a given occasion, meal, or number of guests.

 

Secondly, we provide this serving size information, and related nutrition information, as an informative contribution to assist you in managing appropriate portion sizes, and the mix of food groups within your overall consumption of food and beverages. That said, every person and every occasion is different. For example, some people need to eat more than others to maintain a healthy weight. At the same time, for some people a meal could involve a larger portion of a single item (like a whole pizza, and nothing else), while a meal for others may involve multiple smaller serves of multiple items (like a couple of bite size appetisers, followed by a slice of pizza and a side serve of salad, rice, and/or vegetables, followed by a serve of dessert or gelato).

 

We’ve have done our best to ensure we are accurate in all descriptions of our products and their sizes. We believe that quality beats quantity any day and that variety is by far more interesting. If you would like support or assistance with any of our products please contact us at any time.

 

4.0 Email & SMS Registration

Member Accounts are automatically set up to receive email communication and mobile text messages from CrazyFresh.com.au. We may continue to provide this information to you until you indicate otherwise. You may opt out of receiving email communication by altering the email settings contained within your profile. You can opt out of text messages by replying stop.