Trading Terms

Unless otherwise agreed in writing by Snackwize and the Customer, these Trading Terms are the only Trading Terms on which Snackwize supplies Goods and/or Services to the Customer and are incorporated into and form part of all Orders accepted by Snackwize. By submitting an Order with Snackwize, you agree to be bound by these Trading Terms. If you do not accept these Trading Terms, you will not be able to place an Order with Snackwize.

Definitions

  1. In these Trading Terms:

“Customer”, “you”, “your” means the person or business to whom the Goods and/or Services are supplied by Snackwize in accordance with these Trading Terms.

“Delivery” means delivery of the Goods at the Location.

“Fruit Box Group Business” means Snackwize, The Fruit Box Group Pty Ltd (ACN 092 238 634) trading as “Fruit Box”, “Milk Box”, “Unifour Corporate Foodservice” and any other business operated by The Fruit Box Group Pty Ltd (ACN 092 238 634) from time to time.

“Goods” means the products supplied by Snackwize to the Customer from time to time under these Trading Terms.

“Location” means the location nominated by the Customer as the place for Delivery and notified to Snackwize in writing, or such other location agreed between Snackwize and the Customer.

“Order” means any written or telephone order for Goods placed by the Customer with Snackwize.

“Services” means any services provided by Snackwize in respect of the Goods, including any Delivery services.

“Snackwize”, “we”, “us”, “our” means The Fruit Box Group Pty Ltd (ACN 092 238 634) trading as Snackwize and all of its associated bodies corporate.

“Trading Terms” means these trading terms, our Website terms, our privacy policy and any additional terms included by Snackwize in an invoice for the Goods and Services supplied under these Trading Terms.

“Website” means www.snackwize.com

Trading Terms

  1. These Trading Terms override any inconsistent terms or conditions in any document or communication in relation to the supply of the Goods and/or Services or earlier course of dealing. This applies even if the Order, delivery receipt or any other document contains a similar condition to this one or if Snackwize fails to object to any term or condition the Customer purports to include in its agreement with
  2. You will be subject to the Trading Terms in force at the time you submit an Order with Snackwize.

Your representations

  1. By placing an Order with Snackwize, you represent to us that you are:
    • at least 18 years of age;
    • resident in Australia; and
    • legally capable of entering into a binding agreement.

Orders

  1. Supply and Delivery of Goods and/or Services will only be made against an Order. Placement of an Order by the Customer constitutes an offer to enter into an agreement with Snackwize, which agreement is formed upon acceptance by Snackwize of an Order. Snackwize may accept the Order by: (i) communicating acceptance of the Order in writing or verbally; (ii) providing an invoice for the Goods and/or Services; or (iii) by supplying the Goods and/or Services. 
  2. The Order you place with Snackwize will be treated by us as a recurring standing Order for Goods and/or Services to be supplied to you by us on an ongoing weekly basis (or such other nominated frequency), unless you have cancelled, withdrawn, paused or varied the Order in accordance with item 21 or have specifically placed an Order with Snackwize which is identified as a one off Order. You will be charged for your initial Order and all subsequent Orders in accordance with these Trading Terms and any other Trading Terms stipulated in your invoice for the Goods.
  3. Snackwize reserves the right to accept or reject an Order at any time for any reason, including if the Goods are not available for Delivery, if there is an error with an Order, or if any outstanding amounts are owed by you to another Fruit Box Group Business. If we reject an Order, we will endeavour to notify you of such rejection as soon as possible after the Order is placed by you.
  4. Snackwize accepts no responsibility for incorrectly placed Orders. In the event of a dispute, Snackwize’s internal records will be conclusive evidence of the details of the Order, when the agreement was formed and the Goods and/or Services supplied by Snackwize.

Alcohol

  1. If you submit an Order for Goods which include alcohol products, you acknowledge that it is against the law to sell or supply alcohol products to, or obtain alcohol products on behalf of, a person under the age of 18 years; and warrant that you are not obtaining the alcohol on behalf of, or will supply alcohol products to, a person under the age of 18 years.

Availability and substitution

  1. Snackwize supplies healthy snacks and other similar food products as part of the Goods offered for sale to Customers. To the extent that certain products are not available, we cannot guarantee that such product will be available for purchase by you.
  2. Substitution of particular Goods may be necessary to ensure that Delivery of your Order takes place in a timely manner. If substitution of certain products is required, Snackwize will use the utmost care and attention to provide you with alternative product as part of the Goods delivered to you.

Title, Delivery and Risk

  1. As between Snackwize and the Customer, Snackwize retains legal and beneficial title to the Goods until Snackwize has received payment in full and cleared funds for all amounts payable by the Customer in relation to the Goods, including any Delivery fee or other additional fees and charges.
  2. The Customer agrees that risk in the Goods shall pass to the Customer at the time of Delivery of the Goods at the Location. We accept no liability or responsibility for the Goods once risk has passed to you.
  3. Snackwize may, from time to time, subcontract any Services relating to Delivery to a third party to ensure the Goods are delivered to the Customer at the Location.
  4. Unless otherwise agreed by Snackwize, the Customer must make all arrangements necessary to enable Delivery at the Location.
  5. Snackwize will endeavour to deliver, or arrange for Delivery of, the Goods to you at the Location by the scheduled Delivery date. However, if we are unable to deliver the Goods by such date and/or at the Location, Snackwize will not be liable for any delay associated with the event. If this occurs, Snackwize undertakes to notify you as soon as reasonably possible and to use all reasonable efforts to deliver the Goods to you at the Location, or an alternative location agreed with you, without further delay.
  6. If re-delivery of the Goods is required at an alternative time to the scheduled Delivery date or at an alternative location through no fault of Snackwize, an additional re-delivery fee may be charged.
  7. If your Order is for Goods which include alcohol products, you agree that we may request that you, or a person authorised by you to accept Delivery, provide us with photographic identification confirming proof of age.

Price and payment

  1. The price, fees and charges for the Goods and Services shall be the price, fees and charges current at the date of acceptance of the Order and specified on our Website or otherwise notified by Snackwize.
  2. All price-lists and quotations provided by Snackwize from time to time are based on prices and availability at that time but the Customer acknowledges and agrees that these prices are subject to variation and that final prices stipulated in the invoice are binding.
  3. Prices, fees and charges for Goods and Services are subject to taxes, including GST, where applicable.
  4. All amounts payable by the Customer under these Trading Terms are payable within 14 days of the date of invoice unless otherwise agreed by Snackwize in writing. Late payment shall incur interest at the rate of 10% per annum calculated on a daily basis. Interest shall be payable on all outstanding amounts owed by the Customer to Snackwize under these Trading Terms from the date payment was due until the date payment is received in full by Snackwize. Snackwize reserves all other rights in relation to late payments by the Customer.

Cancellation or variation of an Order

  1. Subject to items 24 to 27 of these Trading Terms, you may request to cancel, withdraw, pause or vary any Order by notice in writing to Snackwize by contacting us via email at info@snackwize.com. In the event that such a request is not accepted by Snackwize, subject to these Trading Terms, the Customer must satisfy its obligations under these Trading Terms as if the request had not been made, including making payment for any Goods or Services delivered prior to such time.

Credits and refunds

  1. Unless agreed to by Snackwize (in its sole discretion), if you cancel, withdraw, pause or vary an Order for Goods for which Snackwize has received payment you will not receive a refund.
  2. In the event Snackwize agrees to provide you with a refund, subject to item 26 below:
    • where the refund request relates to an Order that was cancelled, paused or withdrawn, the value of the relevant Order will be refunded to you less a $15 administration fee;
    • where the refund request relates to a variation to an Order, and the amount payable for the variation is less than the original amount paid for the Order, unless otherwise agreed with Snackwize, we will apply the amount of any difference arising as a result of the variation as a credit to your next Order.
  3. We are unable to provide any refunds or credits for any Orders for Goods which have been dispatched to our courier for Delivery.
  4. Unless agreed otherwise, any amounts refunded to you which are not applied as credit will be paid to you by Snackwize using the same payment method used by you in relation to the Order.

Liability

  1. Our Goods come with guarantees which cannot be excluded under the Australian Consumer Law. If there is a major failure in relation to the Goods, you are entitled to a replacement or refund for the Goods affected and compensation for any reasonably foreseeable loss or damage. If the failure does not amount to a major failure but the Goods fail to be of acceptable quality, you are entitled to have the Goods repaired (where possible) or replaced.
  2. Snackwize accepts liability to the Customer where not to do so would be illegal, or would make any part of the Trading Terms void or unenforceable. To the extent permitted by law, Snackwize only accepts liability to the Customer in connection with the supply of Goods and/or Services to the extent expressly provided in these Trading Terms or as otherwise agreed in writing by Snackwize. 
  3. Subject to item 32 of these Trading Terms, Snackwize’s maximum liability to the Customer for any loss the Customer suffers or incurs in connection with these Trading Terms or any other liability arising out of or in connection with their subject matter, whether based in contract, tort (including negligence), statute or otherwise, is, to the extent permitted by law, limited to the amount the Customer has paid to Snackwize for the relevant Goods and/or Services pursuant to these Trading Terms.
  4. Snackwize excludes any other liability Snackwize might otherwise have to the Customer (whether based in contract, tort (including negligence), statute or otherwise) including for any loss or damage which is:
    • special, indirect, incidental or consequential; or
    • a loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind, except and to the extent that such loss or damage arises as a result of our own negligence or wilful misconduct.
  5. Our liability to the Customer for loss or damage of any kind arising out of or in connection with these Trading Terms is reduced to the extent (if any) that the Customer causes or contributes to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

Exclusion of implied terms

  1. To the extent permitted by law, all terms, conditions, guarantees or warranties that would be implied into these Trading Terms or in connection with the supply of any Goods and/or Services by Snackwize under law or statute or custom are excluded.

Indemnity

  1. Except to the extent that Snackwize has caused or contributed to any loss or damage suffered by the Customer, the Customer indemnifies Snackwize and shall keep Snackwize indemnified against all liability, loss, costs (including legal costs on an indemnity basis), charges and expenses Snackwize suffers (either directly or indirectly) in connection with:
    • the Customer's breach of these Trading Terms or any other act or omission by the Customer;
    • any claim or demand made by a third party against Snackwize in connection with the Goods and/or Services supplied to the Customer; and
    • Snackwize exercising or enforcing its rights under these Trading Terms.

Notices

  1. Changes to your address details, payment details and/or Delivery instructions must be communicated to us via email at info@snackwize.com. It is your responsibility to ensure that these details remain valid and up to date.
  2. We are not responsible for any delay, delivery or other issues associated with out of date information submitted by you to us, and we reserve the right to seek reimbursement from you for any expenses we incur as a result of such out of date information.

Disputes

  1. All complaints and/or disputes must be made in writing to info@snackwize.com, setting out the details of the issue. Following receipt of a complaint or dispute, Snackwize will use reasonable efforts to deal with the issue in an appropriate and timely manner.

Force Majeure

  1. We will not be liable or responsible for any failure to deliver, or arrange Delivery of, the Goods or to perform any other Services or obligations under these Trading Terms, where such failure is caused by events that are outside our control (Force Majeure Event). A Force Majeure Event includes any act, event, omission or accident beyond our reasonable control, including without limitation, extreme weather events such as cyclones or bushfires resulting in the unavailability of certain Goods. Our performance under these Trading Terms will be deemed to be suspended for the period that the Force Majeure Event continues.

Privacy policy

  1. Our privacy policy, which forms part of these Trading Terms, is set out in a separate section of our Website. The policy details how we collect and use your personal information. You should refer to this policy before placing any Order for Goods with Snackwize.

Website terms

  1. Our Website terms, which form part of these Trading Terms, are set out in a separate section of our Website. You should refer to these terms before using any part of the Website.

General

  1. Snackwize may, from time to time, amend these Trading Terms to reflect changes in market conditions, changes in our business processes, changes to technology and any changes required by law. If amendments are made to these Trading Terms, Snackwize will notify you of any such amendments, including by posting updated trading terms on our Website. Following such changes, any future Orders of Goods and/or Services from Snackwize will constitute acceptance of the updated terms.
  2. These Trading Terms apply to and are binding on you and us and on our respective successors and assignees.
  3. You must not transfer, assign, charge or otherwise dispose of your rights or liabilities under these Trading Terms without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Trading Terms, at any time without your prior consent.
  4. Any failure by us to enforce any provision under these Trading Terms, to insist upon strict performance of any of your obligations, or to exercise any of the rights or remedies to which we are entitled, will not constitute a waiver of such provisions, obligations, rights or remedies and will not relieve you from compliance with these Trading Terms.
  5. Snackwize may set off any amount that it owes the Customer under these Trading Terms against any amount that the Customer owes it under these Trading Terms. The Customer must not set off any amount that it owes Snackwize under these Trading Terms against any amount that Snackwize may owe it under these Trading Terms.
  6. If any term or condition or part of a term or condition is illegal, unenforceable or invalid, that term or condition or part of the term or condition is to be treated as removed from these Trading Terms, but the rest of these Trading Terms are not affected.
  7. These Trading Terms shall be governed by the laws of the State of Victoria, Australia and the Customer agrees to submit to the non-exclusive jurisdiction of its courts.