Terms and Conditions - Pudding Lane

This Agreement is a contract between you and to infiniti Pty Ltd (ABN 77 095 623 420) trading as Pudding Lane. It sets out the terms and conditions under which you may purchase goods online from the Pudding Lane website (www.puddinglane.com.au ). By completing the customer application process or using the Pudding Lane Online shop, you are bound by this Agreement.

1. INTERPRETATION

In these Conditions:

Agreement is an agreement between you and Pudding Lane to supply goods, and consists of the order and these conditions;

Conditions are these conditions, and any agreed written variations;

Delivery Address is the address to which the goods are to be delivered as stated on the Order;

Order Pick up Collection point is the Pudding Lane kitchen or other prearranged stall or site manned by staff of Pudding Lane where goods can be collected from.

Goods are goods described in an order, and includes packaging;

Intellectual Property Rights includes all rights in respect of copyright, trademarks, patents, designs, protection of confidential information and circuit layouts, whether arising under statute or otherwise; Order is an order by you to purchase goods from Pudding Lane;

Order Cut Off Time:

All areas of the Australian mainland

Order Cut Off Time is 12 midday for inclusion in the Delivery Timeframes applicable for that day.
Times relate to the local time in Newcastle, NSW on the day of order.

Product List is the list of goods displayed on the Pudding Lane web site, as amended from time to time; and full product specifications are available upon request.

Delivery Fee is the fee payable to Pudding Lane in respect of delivery of the goods and handling costs associated with processing your order, as advised by Pudding Lane at the time of order placement.

Working Days mean Monday to Friday.

Delivery Timeframes

Standard Delivery – Dispatch within four (4) working days of order receipt. With delivery timeframes of between one (1) and two (2) weeks.
Priority Delivery – Dispatch within two (2) working days, with transit times between one (1) and four (4) days.
Deliveries outside Australia – On application, and as advised by email from Pudding Lane at the time an order is placed.

2. THE AGREEMENT

An agreement exists between you and Pudding Lane once Pudding Lane accepts an order or Pudding Lane receives the order and does not reject it within fourteen days. Each order is a separate Agreement. Back to top

3. CUSTOMER APPLICATION

Application to be completed: You must complete a customer application before completing an order for goods with Pudding Lane. You warrant that all information and data provided by you in the customer application is accurate, complete and up to date. You must promptly inform Pudding Lane if there is a change to this information or data.

Set up costs: You are responsible for any costs associated with accessing the Pudding Lane web site and placing an order for goods with Pudding Lane, including any Internet provider fees.

Delivery area: In order to purchase goods from Pudding Lane, the Delivery Address which you nominate must be within a suburb where Pudding Lane provides delivery. Please ensure that your delivery address and suburb are correct, as orders for delivery to addresses in suburbs that are not in the Pudding Lane delivery area may incur additional Delivery Fees. Pudding Lane will advise you if the Delivery Address which you nominate ceases to be in an area where Pudding Lane delivers Goods. Pudding Lane will not be obliged to continue to deliver goods to you if you change your Delivery Address and the new Delivery Address which you nominate is not in an area within which Pudding Lane delivers goods. Back to top

4. ORDERS, DELIVERY AND COLLECTION OF GOODS

Orders: You must place an order with Pudding Lane by selecting goods and pressing the “Submit Order” button. Orders are deemed to be received by Pudding Lane at the time of successful transmission of the order and confirmation of the order placement is sent to the nominated email address supplied.

Late Cancellation Fee: If you cancel an order after the Order Cut Off Time, Pudding Lane may charge you and if dispatch has been made, you must pay a late cancellation fee of $20 to redirect your delivery.

Delivery: Pudding Lane will deliver the Goods to you at the Delivery Address within the time agreed with you. Pudding Lane will not commit to delivery beyond the Front Door of your home or office building. Front Door means the front door or a point beyond which entry into the interior of the building occurs. If you request Pudding Lane to deliver the Goods beyond your Front Door, you agree to continually indemnify and hold harmless Pudding Lane (including its officers, employees, contractors and agents) from any Loss suffered or incurred by Pudding Lane in connection with the delivery of the Goods beyond your Front Door. ‘Loss’ means any loss including any liability, cost, expense, claim, proceeding, action, demand or damage.

Priority Delivery: Pudding Lane and it’s third party logistics partners can only delivery priority deliveries to street addresses within Australia.

Authorised receipt of Goods: Anyone at the Delivery Address (or upon collection) who receives the goods shall be presumed by Pudding Lane to be authorised to receive the goods.

Delivery fee: You must pay to Pudding Lane the Delivery Fee (or such other fee as may be specified by Pudding Lane) in respect of each order.

Additional delivery fee: If there is no one at the Delivery Address to receive and sign for the order when the order is delivered, the order may not be left at the Delivery Address. Our freight partners will leave a notice that the delivery was missed, and contact information for you to contact them to arrange a redelivery. For orders that are returned to Pudding Lane, a cancellation fee may apply. Back to top

5. RISK AND TITLE IN THE GOODS

Risk and title in the goods passes to you upon delivery (or upon collection) and payment of the goods to the Delivery Address (or selected collection point). Back to top

6. RETURNS, CREDITS AND REFUNDS

Making a claim: If you wish to make a claim for a replacement item, refund or credit because:

you believe that an item, which was ordered by you and which was in stock, has not been provided; or
you are not satisfied with the quality of the goods you have purchased,

you must call Pudding Lane on 02 4967 2715 within 24 hours from the delivery (or collection). A representative from Pudding Lane will assess your claim for a replacement product, credit or refund of the purchase price. Pudding Lane reserves the right to inspect the goods before making this assessment.

Credits: Credit for the value of any goods that you send back or credits applied for any other reason (including customer care or promotional activity), will be made via cheque. This cheque will be posted to the delivery address, or another address as supplied by you. Cheques will be in Australian Dollars. For orders placed from outside Australia, credits applicable will be made in a way that is agreed by Pudding Lane and you at the time the credit is accepted. Back to top

7. PRICE OF GOODS AND PAYMENT

Purchase price: The purchase price of the goods as shown on the Pudding Lane Online shop is the purchase price which is applicable at the time you view it. The purchase prices on the website may not necessarily correspond to the prices at your local Pudding Lane reseller or outlet.

Delivery Fee: You must pay the Delivery Fee in respect of each Order.

Additional Fees: If charged by Pudding Lane in accordance with clause 4, you must pay any late cancellation fee or additional delivery fee.

Total price of Goods: Goods in Your Order are charged at the purchase price applicable at the time you submit your order and as shown on the order confirmation.

Tax invoice: If you require a tax invoice, this will be provided to you upon request by contacting Pudding Lane Customer Care Centre on 02 4967 2715 or send an e-mail request to puddings@puddinglane.com.au stating the order reference number provided on your order confirmation email. Pudding Lane will provide you with a tax invoice specifying the total price for the goods, including payments, credits applied and the Delivery Fee.

Method of payment: At the time you place the order, you will be required to select your payment method being either phone or online payment by credit card, direct deposit into Pudding Lane’s bank account or by cheque. Unless otherwise agreed, in order to Pudding Lane to dispatch your order, payment must be received by the selected payment method.

Online Payment by Credit Card: You may pay for the goods at the time you place the order by providing your credit card details on the Pudding Lane web site and Pudding Lane will process your payment using your credit card (MasterCard, Visa, American Express). The payment will be processed at the time you place the order, via a secure link (Approved by “Payment Card Industry Data Security Standards PCI DSS). If your credit card is declined by your financial institution, a member of the Pudding Lane staff will contact you to make alternative payment arrangements, and Pudding Lane will may not be able to guarantee delivery in the delivery timeframe initially indicated on your order. If the order is cancelled or refunded, the credit will be processed on the next business day. Pudding Lane may decline to accept payment from you by credit card for any reason, and is not required to give reasons. If Pudding Lane declines to accept payment from you by credit card, the order will not be processed. If you agree to make payment by another method that is acceptable to Pudding Lane, Pudding Lane may process the order or any further orders. If you have elected to collect your order from Pudding Lane’s kitchen, you can elect to pay for your order at the time of collection, and can also pay using a valid EFTPOS card. Back to top

8. SET-OFF

If you owe money to Pudding Lane under one Agreement, Pudding Lane may set-off that money against any money that you owe to Pudding Lane under another Agreement. If Pudding Lane owes money to you under one Agreement, Pudding Lane may set-off that money against any money that it owes to you under another Agreement. Back to top

9. OUT OF STOCKS AND SUBSTITUTION

Pudding Lane will not allow rainchecks in respect of Goods ordered by you. When completing your order, you will be advised of any item that is currently out of stock. Pudding Lane will use its best endeavours to ensure that all goods ordered by you are supplied to you. Pudding Lane may offer credits or refunds for items that you have ordered that remain out of stock, but is not liable for costs associated with you ordering items marked as out of stock. Back to top

10. PACKAGING AND LABELLING OF GOODS

Pudding Lane aims to include in the Online shop, up-to-date pictures of the goods. At times, the picture of the goods on the website may differ slightly from the goods actually supplied to you. Pudding Lane does not warrant the accuracy of the information contained in the website and recommends that you read the labels on Goods carefully before consuming the goods. All goods supplied to you will conform to the labelling laws currently in force within Australia. Back to top

11. INTELLECTUAL PROPERTY RIGHTS

Pudding Lane or its related corporations own or are licensed to use all Intellectual Property Rights that appear on the Pudding Lane website, including any images, photographs or text. You must not make any representation to the contrary and you must not use or copy any content or part of the content on the Pudding Lane website in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. You acknowledge that any trademarks or logos which appear on the Pudding Lane website are owned by or licensed to Pudding Lane or its related corporations, and that you must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos. Back to top

12. LIABILITY

12.1 Pudding Lane will use reasonable care and skill in providing the Pudding Lane website for your use.

12.2 We are responsible for loss suffered by you as a result of our negligence if it causes personal injury or death; or a serious breach of this Agreement by us, if that loss was reasonably foreseeable at the time.

12.3 Subject to paragraph 12.2 and to the extent permitted by law, you release and discharge Pudding Lane and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with Pudding Lane or this Agreement (including the installation, downloading, use or performance of any software related to the Pudding Lane website).

12.4 Any liability of Pudding Lane arising out of or in connection with a breach of an express or implied warranty or condition in respect of Goods or deliveries supplied to you through use of Pudding Lane (other than a condition or warranty implied by legislation which does not permit Pudding Lane’s liability to be limited as stated in this clause 12) will, at the election of Pudding Lane, be limited to: 1. if the condition relates to Goods, the replacement of the Goods or the supply of equivalent Goods; and 2. if the condition relates to deliveries, the supplying of the deliveries again or the payment of the cost of having the deliveries supplied again. Provided that it is fair and reasonable to do so. Back to top

13. USERNAME AND PASSWORD

You must take responsibility for the safekeeping of your user name and password. You are liable if your user name and password are used by an unauthorised person. You release and indemnify Pudding Lane in relation to any liability arising out of the unauthorised use of your user name or password. Back to top

14. NOTIFICATION OF CHANGES

Pudding Lane may add to, delete, or otherwise change any of the terms of this Agreement by giving you notice as provided in clause 17. Your use of the Pudding Lane website after notice will constitute your deemed acceptance of such changes. Back to top

15. PRIVACY AND SECURITY

For details on the Pudding Lane Privacy and Security Statement, please click on the link Privacy Statement or refer to the Privacy hyperlink on the Home Page. Back to top

16. TERMINATION

Pudding Lane may terminate or suspend this Agreement at any time by delivering notice (as specified in clause 17) or by sending you a system message advising that Your shopping privileges have been removed. Termination of this Agreement is effective the day notice is received, or such later date as specified in the notice. Pudding Lane, in its discretion, may elect to terminate a user name or refuse to deliver to a particular address. Back to top

17. NOTICES

Pudding Lane may give notice to you by electronic mail, conventional mail to your address contained in the customer application information or notice posting on the Pudding Lane web site. You may give notice to Pudding Lane by electronic mail to puddings@puddinglane.com.au Back to top

18. SEVERABILITY

Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provision. Back to top

19. LAWS

The laws of New South Wales govern this Agreement. Back to top