Terms of Service

Terms of Use

1. General

1.1     The Site is a shopping website provided by The Trustee for Westridge Family Trust (ABN 38 649 572 578) trading as The Lunch Punch (“The Lunch Punch, “us” or “we”) where you can browse, select and purchase products sold by The Lunch Punch (“Products”).

1.2     Your access to and use of the Site, including your Orders and purchases of Products through the Site, is governed by these terms and conditions and our Privacy Policy.

2. Compliance

2.1    By using the Site to browse, select and purchase Products, you agree with us to be bound by, and comply with, these terms and conditions.

2.2    You agree to comply with all relevant laws relating to your use of the Site and your placement of any Order through the Site.

2.3    You agree not to use any data listed on the site for commercial purposes e.g. through price or information scraping.

2.4     You agree not to use the Site for any purpose that is fraudulent, unlawful or otherwise prohibited by these terms and conditions. You may access the Site for your own personal use but otherwise neither the Site, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without our prior written consent.

2.5    While using this Site, you may not:

  1. breach any laws, infringe a third party’s rights or act contrary to any relevant standards or codes or make any fraudulent enquiries, purchases or requests;
  2. use the Site in a manner or way, or post to or transmit to or via the Site any material which interferes with other users or other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site, or post any spam, unsolicited or bulk electronic communications;
  3. use another person’s details without their permission or impersonate another person;
  4. post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
  5. tamper with or hinder the operation of the Site;
  6. knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
  7. use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
  8. modify, adapt, translate or reverse engineer any portion of the Site;
  9. remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
  10. create accounts by automated means or under false or fraudulent pretences;
  11. violate the security of any computer or other network or engage in illegal conduct;
  12. take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our website infrastructure;
  13. use the Site other than in accordance with these terms and conditions;
  14. use the Site if you are not able to form legally binding contracts, are under the age of 18 or are suspended from using the Site;
  15. fail to pay for Products ordered using your login;
  16. transfer your login to another party without our consent;
  17. harvest or otherwise collect information about other customers, including email addresses, without their consent; or
  18. attempt any of the above acts or engage or permit another person to do any of the above acts.

3. Your Account

3.1    You must be 18 years or older to purchase Products through the Site. We reserve the right to refuse service, terminate accounts and/or remove or edit content if we, acting reasonably, deem that you are acting in breach of these terms and conditions or are using the Site in a fraudulent or improper manner. We also reserve the right to otherwise cancel Orders in accordance with clause 8.1.

3.2    You:

  1. must ensure that only authorised users have access to your computer and ensure that your login and password that is used to access the Site and the details of your account are kept in a safe and secure manner;
  2. must notify us through Customer Service support@thelunchpunch.com if you are or become aware that there is or has been an unauthorised use of your login and password or account, or any other security breach relating to your account;
  3. must promptly advise us of any changes to your information provided to us as part of the customer registration process
  4. are responsible and liable for any person that uses your login and password to Order Product(s) through the Site;
  5. agree that we may charge you for all Products that have been ordered using your login and password through the Site; and
  6. acknowledge that you will check the labels on the Products before use.

4. Placing an Order

4.1    You may purchase Products by selecting and submitting your Order through the Site in accordance with these terms and conditions. 

4.2    Any Order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including delivery and other charges, fees and taxes) at the time you place the Order, on the terms and conditions set out in these The Lunch Punch Terms of Use.

4.3    We may ask you to provide additional details or require you to confirm your details to enable us to process any Orders placed through the Site.

4.4    You agree to provide us with current, complete and accurate details in response to requests by us, to you, for information.

4.5    We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate when placing your order.

4.6    We offer a 10% discount off your first order by using a special discount code. If you do not enter this discount code at the time of checkout you are not eligible for a refund for that amount however we may, at our discretion, offer it to you as a store credit.

5. Acceptance or rejection of an Order

5.1    In certain circumstances, your Order may be rejected, such as where the requested Product is not available or if there is an error in the price or the product description posted on the Site.

5.2    Each Order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each Order accepted by us, we will:

  1. supply the Products in that Order to you in accordance with these terms and conditions; and
  2. send you an email confirmation of that Order – though with the nature of the internet we cannot guarantee receipt. Please add hello@thelunchpunch.com to your contact address book to ensure emails are not sent to SPAM or blocked by your fire wall.

5.3    If we reject an Order for Products placed through the Site, we will endeavour to notify you of that rejection at the time you place the Order or within a reasonable time after you submit your Order.

5.4   We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

5.5  We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. 

5.6 If a product oversells during peak sale periods, such as Black Friday, you will receive a refund for that particular item and the rest of your order will be shipped. You will receive a refund notification via email. 

6. Delivery of Products

6.1   We only deliver to addresses in Australia & New Zealand.

6.2    We offer next business day dispatch except for sale and promotion periods where it may take up to 7 days. The Delivery Fee for your Order depends on the total spend (we offer free shipping for orders over $99) or flat rate standard shipping is $10. Express Post orders are $16.

6.3    You:

  1. acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to receive your Order;
  2. agree to comply with the delivery requirements specified below and such other requirements that we notify you when you place your Order through the Site.

6.4    Unless you provide an express authorisation to leave a product at the delivery address if no one is present to accept delivery, an appropriate person must be present to accept the delivery of your Order. If you authorise us or our carrier to leave a product at the delivery address when no one is present to accept delivery, you:

  1. accept the risk of theft or loss of the Product from the time it is delivered; and
  2. acknowledge that, notwithstanding your authorisation, the person delivering the Product has discretion whether to leave the Product at the address.

7. Pick Up Orders - Retail

7.1    Unfortunately we don’t offer any pick up orders for retail customers at this time. 

 

8. Cancelling Orders for Products

8.1    We may cancel any part of an Order for Products (including any Orders that we have accepted) without any liability to you for that cancellation at any time if:

  1. the Products in that Order are not available; or
  2. there is an error in the price or the product description posted on the Site for the Product; or
  3. the Product(s) in that Order have been recalled; or

8.2    If we cancel any part of an Order in accordance with:

  1. Clause 8.1(a) or 8.1(b) (where the Product is unavailable or there is a pricing or product description error) or 8.1(c) (where the Product has been recalled), we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled part of the Order. If any payment has been taken, then: (i) for a wholly cancelled Order, the full payment amount, including the Delivery Fee and any other fees and charges; or (ii) for a partly cancelled Order, the amount paid in respect of cancelled Products, will be refunded to your original payment method, or where The Lunch Punch deems appropriate, through an alternative means.

9. Prices, fees and charges

9.1    We will charge you, and you agree to pay the purchase price of each Product that is ordered, the Delivery Fee and any other fees and charges set out in these terms and conditions.

9.2    All prices and Delivery Fees on the Site are in Australian dollars (AU$). We reserve the right to alter prices and Delivery Fees for any reason at any time before you place your Order. 

9.3    The Lunch Punch will not be liable or responsible for any failure to perform, or any delay in performance of, obligations under its contract with you where such failure or delay is caused by an event outside the reasonable control of The Lunch Punch.

9.4    The purchase price of each Product is shown on the product list on the Site at the time you place your Order. 

9.5.   Refund and Exchange values are subject to re-calculation if you purchased multiple items within a special promotion such as a Value Bundle, and later return one of them

10. Payment methods

10.1    You may pay the fees and charges for an accepted Order with any of the following payment methods and such other payment methods as specified on the Site from time to time:

  1. Visa;
  2. MasterCard;
  3. Debit cards displaying a Visa or Mastercard logo; 
  4. PayPal;
  5. Afterpay, subject to Afterpay’s terms; and
  6. Zip, subject to Zip’s terms; 
  7. Gift Cards / Store Credit

10.2 Gift cards and Store Credits are non-transferable, non-refundable and are not redeemable for cash.  They are valid for 3 Years from issue date. If you are returning an item for a store credit, your store credit will be issued as soon as we have received and inspected the item and deemed it as fit for resale. To use your Gift Card/Store Credit enter the code in the ‘Gift Cards or Discount’ field at the Checkout.

10.3    If we are unable to successfully process your nominated payment method (being the applicable debit card, credit card, gift card, PayPal, Afterpay or Zip payment) for an Order that has been accepted by us, then we may cancel your Order.

10.4    If you choose to pay by credit card, you authorise us to debit the amount that is payable from your nominated credit card for an accepted Order.

10.5    You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.

10.6    We will provide you with a receipt at time of delivery which specifies the total fees and charges for the Products in the Order.

11. Damaged Products and Returns

11.1    The Lunch Punch Returns Policy applies to all purchases of Products using the Site and forms part of these terms and conditions. If you consider that a Product was delivered to you in a damaged or defective condition, or is otherwise faulty, you should contact us via https://thelunchpunch.com/pages/contact within 7 days of receiving your order. 

11.2 Proof of purchase (dated receipt) is required for all warranty claims. 

11.3 The warranty takes effect from the day of purchase and will not be renewed or extended as a result of a product being repaired or replaced pursuant to a claim.

12. Termination

12.1    We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:

  1. the breach cannot be remedied; or
  2. you fail to remedy the breach within 10 days of our notice to you of that breach; or
  3. if there is an emergency.

12.2    We may stop making the Site (or any part of it) available without prior notice. If so, any Orders that we have accepted will not be affected unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and we will refund to you all valid payments received by us for those Products.

12.3    You may cancel your account at any time for any reason provided that:

  1. any outstanding matters are resolved (such as a suspension on your account); and
  2. you have paid all outstanding amounts owed by you.

13. Changes to these terms and conditions

13.1    We may, at our discretion, amend these terms and conditions at any time by publishing any amended terms and conditions on our Site.

13.2    If you have an Order that has been accepted by us, the terms and conditions that will apply to the Order are the terms and conditions that applied at the time you placed your Order.

13.3    For any future Orders, these terms and conditions may be different and so we recommend that you read these terms and conditions carefully each time you agree to them prior to placing your Order.

14. Your privacy and commercial electronic messages

14.1    Unless you have opted out, you agree to us communicating with you via various channels and media (including by email and by advertising on certain websites and social media) about offers, events and promotions. You agree to continue receiving communications from us until the time that you opt out.

14.2    You may opt out at any time by:

For email and phone:

  • using the unsubscribe facilities provided in our communications.

For advertising on certain websites and social media: changing your privacy settings online so you no longer receive targeted advertising (see our Cookie Statement  in our Privacy Policy for more details on how to do this). Opting out of receiving email, SMS and mail communications from The Lunch Punch will not opt you out of receiving advertising on certain websites and social media.

14.3    There are, however, some messages that we must be able to send you. These include, for example, messages relating to your The Lunch Punch account, important information about products that you have purchased (like health and safety recall notices), forgotten passwords, or updates to our T&Cs and Privacy Policy. Opting out of receiving communications from The Lunch Punch will not opt you out of receiving these types of messages.

14.4    Our Privacy Policy contains information about how you can seek access to or correct the personal information we hold about you, and how you can complain about a breach of privacy.

14.5    If you have an enquiry about privacy, you can contact us by email at support@thelunchpunch.com.au  

15. Governing law and enforceability

15.1    If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.

15.2    This agreement is governed by the laws of Queensland, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.

15.3    You alone, and not The Lunch Punch, are responsible for ensuring that your activities conducted on the Site are lawful. You must ensure that you comply with all applicable laws in Australia and other countries. You must also ensure that you strictly comply with these terms and conditions and the policies which form part of these terms and conditions.

16. Risk of Loss

Risk and title in Products passes to you:

  1. in relation to Orders, on the date and time of delivery to the delivery address

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, product reviews, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

17.  Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall The Lunch Punch, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

18. Indemnification

You agree to indemnify, defend and hold harmless The Lunch Punch and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

19. Faulty Goods Return Policy

Faulty or incorrect goods are welcomed to be returned for a replacement. Please contact us here so we can get that sorted out for you pronto. We provide a return shipping label for any products that are faulty.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

  • to cancel your service contract with us; and
  • to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

 

Returns of Faulty Products

If the problem is major, you are entitled to a replacement or refund. Examples of major failure are when the product:

  • has a problem that would have stopped you buying it had you known about it;
  • is unsafe;
  • is significantly different from the description of the product; or
  • doesn’t do what we said it would do,

but does not include damage caused by misuse or returns simply due to change of mind.

If the problem is not major, we may choose to give you a free repair instead of a replacement or refund if this is possible.

If we cannot repair the product within a reasonable time, you can choose a refund or replacement. We reserve the right to refuse to provide a refund, repair or replacement if the problem has, for instance, arisen because the product was misused by the customer.

20. Black Friday Cyber Monday Promotions

The Black Friday Cyber Monday Special (“Offer”) is available to all eligible customers based on the following terms and conditions: Offer runs from 9:00 a.m. AEST on 25/11/2021 until 11:59 p.m. AEST on 29/11/2021. Offer is only available online via www.thelunchpunch.com. All orders must be placed, and all purchases must be completed, within the Black Friday/ Cyber Monday Period. Offer only applies to completed customer orders and purchases. Items in cart are not confirmed until checkout is completed. Offer valid while supplies last. The Lunch Punch reserves the right to modify, discontinue, or alter the terms of the Offer without notice. No price adjustments will be given for items purchased prior to or after the Black Friday Period. No refunds will be granted if a code is not applied correctly however at our discretion we may provide a gift card for the difference which is valid for 3 years from date of issue. Due to high order volume, there may be a delay in processing and shipping.This offer may not be combined with any other offer. Excludes replacement parts, gift cards and reshipping fees.

21. Definitions

Capitalised terms used are defined in these terms and conditions. In these terms:

Returns Policies means the Faulty Goods Returns Policy https://thelunchpunch.com/pages/shipping-and-returns

Delivery Address means the address specified by you during the customer registration process for the delivery of Products that we will supply to you under these terms and conditions.

Delivery Fee means the delivery fee notified to you at the time you place your Order.

GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).

Indirect Loss means loss of profit, loss of revenue, loss of goodwill, loss of reputation, loss of anticipated savings, loss or corruption of data, loss of opportunity, loss of use and any other loss or damage not arising naturally and according to the usual course of things from the relevant breach, act or omission whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the parties, at the time they made the contract, as the probable result of the relevant breach, act or omission.

Intellectual Property means all intellectual property rights including current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trade marks, trade secrets, know-how, confidential information, patents, invention and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.

Order means any order for a Product placed on the Site. 

Product means each good that is advertised on the Site.

Site means the shopping site operated by The Lunch Punch.