Terms and Conditions
Welcome to Italian Bambinos. This page (together with the documents referred to in it) tells you the terms (the “Terms”) which apply when you order any menu items (the "Items") from our italianbambinos.com.au website or mobile applications and related services (each referred to as an “Application”).
Please read these Terms carefully before ordering any Items from our Application. If you have any questions relating to these Terms please contact accounts@italianbambinos.com.au before you place an order.
If you are a consumer, you have certain legal rights when you order Items using our Application. You can find more information about these rights at: www.accc.gov.au/consumers/consumer-rights-guarantees. Your legal rights are not affected by these Terms, which apply in addition to them and do not replace them. By setting up your Italian Bambinos account, you confirm that you accept these Terms.
GENERAL TERMS AND CONDITIONS
A minimum of $20 for delivery (subject to change)
Surcharges apply to extra toppings or substitutes.
We accept Visa & MasterCard, charges apply.
Voucher Cards can not be used on deliveries, they can be used for pick up or eat in only.
Please leave light on for driver when expecting a delivery.
A 10% surcharge will apply on all public holidays.
Italian Bambinos does not take responsibility for orders made online for pick up at the wrong location and does not give in-store credits for mistakes made on the customers end when ordering through the online ordering system.
Italian Bambinos will endeavour to provide allergen and gluten free products requested by you, but traces of allergens or gluten may be unintentionally present in food due to cross-contamination during store operations.
We cannot guarantee that your order will be 100% allergen or gluten free.
Italian Bambinos will endeavour to provide vegan menu items requested by you, but traces of meat and dairy products may be unintentionally present in food due to cross-contamination during store operations.
We cannot guarantee that all vegan menu items will be 100% free from animal products.
All of Italian Bambinos prices include GST.
Diners cards or American Express are not accepted at Italian Bambinos.
Any discounts or deals can only be used once for every visit.
Italian Bambinos deals can not be used in conjunction of any other deals.
1. INFORMATION ABOUT US
italianbambinos.com.au is operated by Italian Bambinos Pty Ltd ABN 38 638 096 536, a company incorporated in Australia. The terms “we” or “us” or “Italian Bambinos” in these Terms refer to Italian Bambinos Pty Ltd. In either case you may contact us at accounts@italianbambinos.com.au, by phone on (02) 4234 4244, or by using the instant messaging facility on our website.
2. PURPOSE
Our objective is to keep Italian tradition alive, celebrating the love of Italian food with the traditions that have been passed through each generation for thousands of years by allowing you to order Items in-store or for delivery (our “Service”). Where you order from Italian Bambinos, GlobalFood Tech SRL acts as an agent on behalf of Italian Bambinos to conclude your order from our website or Application and to manage your experience throughout the order process. Once you have placed an order, your Items will be delivered to you by Italian Bambinos.
3. YOUR ACCOUNT
Before you can place orders for Items using our website or Application, you need to enter your contact information. In some cases you may be asked to create an account, when you open an account you may create a password, or other secure login method, and may also have to provide credit card details. You must keep any password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your account, you will be responsible to pay for any Items they order, and we are not responsible for any other losses you suffer, unless the person using your password obtained it because we did not keep it secure.
You may close your account at any time by requesting to do so in your account section of our website or contacting us using the contact details above. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff, or any other good reason). If we close your account permanently we will refund any remaining account credit you have validly obtained from our customer service team or Application following any issue by applying a credit to your registered credit card, or if that is not possible for any reason, by way of a bank transfer using bank details (provided you have supplied them to us).
4. SERVICE AVAILABILITY
Each Restaurant has a prescribed delivery area. This delivery area may change at any time due to a number of factors including weather, or demand on our service. This is to ensure that Items reach your door at their best. Our Restaurants each decide their own operating hours. That means that the availability of our Service, and the range of Restaurants from which you can order, depends on the Restaurants in your area. If you try to order a delivery to a location outside the delivery area or operating hours of a Restaurant, or the Application is otherwise unavailable for any reason, we will notify you that ordering will not be possible.
5. ORDERS
When you place an order through our Application, it needs to be accepted by us or the Partner Restaurant before it is confirmed. We will send you a notification if your order has been accepted (the "Confirmation Notice"). The contract for the supply of any Item you have ordered comes into existence when we send the Confirmation Notice. You are responsible for paying for all Items ordered using your account, and for related delivery charges, and for complying with these Terms, even if you have ordered the Item for someone else. Some Restaurants operate a minimum order value policy. This will be displayed on our Application. All Items are subject to availability. Restaurants may use nuts or other allergens in the preparation of certain Items. Please contact our Restaurant prior to ordering if you have an allergy. Italian Bambinos cannot guarantee that any of the Items sold by our Restaurants are free of allergens.
6. DELIVERY
When you place an order you will have the choice to place it as an ASAP Delivery or a Scheduled Delivery. For an ASAP Delivery, we will tell you an estimated delivery time for your Item before you place the order, but we will attempt delivery as soon as possible; you must therefore be available to accept delivery from the time you place the order. For a Scheduled Delivery, we will tell you the time when the Item is expected to be delivered; you must be available to accept delivery for ten minutes before and ten minutes after that time.
Unfortunately, despite our best efforts, things do not always go to plan and factors such as traffic and weather conditions may prevent us from delivering your Item on time. If your order is more than 20 minutes late, and we haven’t notified you giving you the option to cancel your order, we will work with you to make things right unless you have caused the delay (e.g. because you gave us the wrong address or did not come to the door).
We will attempt delivery at the address you provide to us when you place your order. If you need to change the delivery location after you have placed your order, we may be able to change the address to an alternative one that is registered with your account if you let us know before the driver has been dispatched, and the new address is within the same zone as the address you originally ordered your Item to. If we cannot change the delivery address, you have the option to cancel the order, but if food preparation has started you will be charged the full price for the Item, and if the driver has been despatched you will also be charged for delivery.
You will still be charged for the Item and for delivery in the event of a failed delivery if you have caused such failure for any reason. Reasons you might cause a delivery to fail include (but are not limited to):
You do not come to the door, did not pick up the phone when the driver contacted you using the contact information you have provided us and/or you picked up the phone but then failed to provide access within a reasonable amount of time, and the driver is unable to find a safe location to leave the food.
The driver refuses to deliver the Item to you in accordance with section 8 (Age Restricted Products).
7. YOUR RIGHTS IF SOMETHING IS WRONG WITH YOUR ITEMS
You have a legal right to receive goods which match their description, which are of acceptable quality, and which comply with any specific requirements you tell us about (and we agree to) before you place your order. If you believe that the Items you have been delivered do not comply with these legal rights, please let us know as you have a legal right to have the issue remedied. We may request a photograph showing the problem if it is something that can be seen by inspecting the Items. We will remedy any failure in accordance with your legal rights. This may include providing a refund or account credit in respect of the affected part of the Item, and also in respect of delivery if the whole order was affected, unless we have reasonable cause to believe that the problem was caused after delivery.
Prior to processing your refund or account credit, we may take into account relevant factors including the details of the order, including your account history, what happened on delivery and information from the Partner Restaurant when determining the remedy that will apply in the circumstances.
8. CANCELLATION
You may cancel an order without charge at any time before the Restaurant has started preparing the food (a "Started Order"). If you wish to cancel an order before it becomes a Started Order, please contact us immediately, via our Website, Phone, or Application. If the Restaurant confirms the order was not a Started Order, we will refund your payment using the same payment method as you used to originally pay for the order (excluding any discount, or Voucher that was applied to the order - see Voucher and Account Credit Terms for more detail). If you cancel any order after it becomes a Started Order, you will be charged the full price for the Items, and if the driver has been despatched you will also be charged for delivery.
Italian Bambinos may notify you that an order has been cancelled at any time. You will not be charged for any orders cancelled by us, and we will reimburse you for any payment already made using the same method you used to pay for your order. We may also apply credit to your account to reflect the inconvenience caused.
9. PRICES, PAYMENT AND OFFERS
Prices include GST. You confirm that you are using our Service for personal, non-commercial use unless you request a GST invoice. Italian Bambinos may operate dynamic pricing some of the time, which means that prices of Items and delivery may change while you are browsing. Prices can also change at any time at the discretion of the Restaurants. We reserve the right to charge a Service Fee, which may be subject to change, for the provision of our Services. You will be notified of any applicable Service Fee and taxes prior to purchase on the checkout page on our Application. No changes will affect orders after a Confirmation Notice has been issued orders. Nor will changes to prices affect any orders in process and appearing within your basket, provided you complete the order within 2 hours of creating the basket. If you do not conclude the order before the 2 hour cut-off the items will be removed from your basket automatically and the price change will apply. If there is an obvious pricing mistake we will notify you as soon as we can and you will have the choice of confirming the order at the original price or cancelling the order without charge and with a full refund of any money already paid. Where Italian Bambinos makes a delivery, we may also charge you a delivery fee. This will be notified to you during the order process before you complete your order.
The total price of your order will be set out on the checkout page on our Website or Application, including the prices of Items and Delivery and applicable Service Fees and taxes.
Payment for all Items and deliveries can be made on our Application by credit or debit card, or other payment method made available by Italian Bambinos. Once your order has been confirmed your credit or debit card will be authorised and the total amount marked for payment. Payment is made directly to Italian Bambinos. Payment may also be made by using vouchers or account credit. Use of these is subject to Italian Bambinos Voucher and Account Credit Terms www.italianbambinos.com.au/legal.
Payment of the price of any Items or delivery charges to us will fulfil your obligation to pay the price to the Restaurant. In some cases, you can alternatively make your payment in cash directly to the Restaurant by paying the driver at the time of delivery. Where cash payment is possible, this will be made clear on our Application before you place your order.
Italian Bambinos sometimes make special offers available through our Website or Application. These are visible when you look at the Italian Bambinos menu, website, or email newsletter. These offers are at the discretion of Italian Bambinos. Unless the offer terms state a fixed or minimum period for which an offer will be available, it can be withdrawn at any time, unless you have already placed an order based on the offer and we have sent the Confirmation Notice.
10. TIPS
When you place an order, you will not have the option to make a discretionary payment of a tip or gratuity to Italian Bambinos in addition to the purchase price of the Items in your order. Your delivery driver is advised not to accept any discretionary payment you choose to make.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE THAT YOU SUFFER
We acknowledge that the Competition and Consumer Act 2010 (Cth) and other legislation implies or imposes statutory consumer guarantees, warranties and conditions into contracts for the supply of goods and services to consumers that can’t be excluded. Nothing in these Terms is intended to exclude or restrict the application of such non-excludable terms to these Terms.
Accordingly, nothing in these Terms affects any rights that you may have which we can’t by law exclude. If Italian Bambinos breaches a non-excludable term or condition, it will be liable for that breach.
However, to the extent permitted by law, any liability of Italian Bambinos is limited to the re-supply of the relevant Item, or payment of the cost of re-supplying the relevant goods or services again.
Subject to the information set out above in this clause 12, and to the maximum extent permitted by law:
we expressly disclaim any and all guarantees, conditions, warranties and liabilities with respect to type, acceptability, the fitness for purpose of our Services, the Application and its contents;
we make no representation or warranty of any kind regarding the availability, correctness, accuracy, timeliness, completeness, reliability, quality or otherwise of the Services or the Application or its contents. Your use of the Application is at your own risk;
we will not be liable to you or any other person in connection with the Services, the Application or any Items obtained through them for any direct, indirect, incidental, special, consequential or punitive loss or damage, loss of profits, loss of actual or anticipated savings, loss of revenue, expectation, business, savings, data or unavailability of systems, other economic loss or other losses, whether arising under contract, statute, tort (including negligence) or otherwise;
we will not be liable for any use of or access to, or any inability to use or access, the Application or the Services, unless such loss arises as a result of our own negligence or wilful misconduct.
Our liability to you for any loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage whether our liability is in contract, tort (including negligence), under any statute or otherwise.
12. DATA PROTECTION
All personal information that you supply in connection with the Website or Application will be collected, used, disclosed and managed by us in accordance with our Privacy Policy which can be found at www.italianbambinos.com.au/privacy-policy. You consent to Italian Bambinos dealing with your personal information in accordance with the Privacy Policy.
13. OTHER TERMS
If either we or you have any right to enforce these Terms against the other, that right will not be lost even if the person who has the right delays enforcing it, or waives their right to enforce it in any instance. If a court decides that any part of these Terms is unenforceable, illegal or void, the rest of the terms will be unaffected and will remain in force.
We may change these Terms from time to time. If we make any changes which affect your rights in relation to our Service, we will take steps to notify you (for example, by posting an updated version of the terms on the Application). Changes to the Terms will not affect any orders you have placed where we have sent the Confirmation Notice.
These Terms are governed by the laws of the state of New South Wales and you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
