Food Order Services Terms Of Use – User
In addition to the Mobility Terms of Use, the following Terms of Use apply to Users of Coles Food Ordering services.
In these Terms of Use, unless an alternative definition is provided, words and expressions have the same meaning as are respectively assigned to them in the Mobility Terms of Use.
1. DEFINITIONS AND INTERPRETATION
In this Agreement unless the context otherwise requires:
Agreement is an agreement between you, and Coles Supermarkets Australia Pty Ltd (ABN 45 004 189 708) (“CSA”) to supply goods, and consists of the Order and these Conditions.
Conditions are these conditions, and any additions or variations;
Delivery Address is the address where the goods are to be delivered as stated on the Order;
Delivery Fee is any fee payable to CSA for delivery of the goods to your Delivery Address and handling and other costs associated with processing your order.
Goods are items in an order, and include packaging;
Intellectual Property Rights includes copyright, trademarks, patents, designs and protection of confidential information.
Loss means any loss including any liability, cost, expense, claim, proceeding, action, demand or damage.
Order is an order by you to purchase goods via Mobility from CSA.
Product List is the list of Goods displayed on the Mobility App.
Related Corporation has the same meaning as “related body corporate” in the Corporations Act 2001 (Cth).
Remote deliveries are deliveries to pre-approved transport providers, such as barges, train stations, airports and local couriers, including (but not limited to) the following locations Casuarina, NT and Cairns, QLD local delivery area.
Unattended Delivery refers to an Order where you have instructed CSA or otherwise agreed that the Goods can be left unattended at the Delivery Address or such other spot that CSA determines is suitable at the time of delivery.
2. THE AGREEMENT
An agreement exists between you and CSA once CSA accepts an Order from you which occurs when your order and payment or payment pre-authorisation is processed. Each Order is a separate Agreement. At no time will Mobility have any obligations or liabilities in respect of such agreement.
3. CUSTOMER APPLICATION
Accurate information: Information provided by you in your order must be accurate and complete. You must inform CSA and Mobility if there is a change to your details.
Delivery area: Orders for delivery to addresses that are not in the CSA delivery area can’t be processed. CSA or Mobility on behalf of CSA, will let you know if your Delivery Address ceases to be in an area where CSA delivers Goods.
4. ORDERS, DELIVERY AND RECEIVAL OF GOODS
Delivery:
a. Subject to paragraph (b), CSA will deliver the Goods to you at the Delivery Address within the date agreed with you. CSA won’t 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 CSA to deliver the Goods beyond your front door and CSA agree that it is practical and safe to do so, you agree to continually indemnify and hold harmless both Mobility and CSA (including its officers, employees, contractors and agents) from any Loss suffered or incurred through the delivery of the Goods beyond your front door.
b. CSA may in its sole discretion, decide not to deliver Goods at the Delivery Address where it reasonably believes that the Goods are likely to be stolen or damaged, or deem the Delivery Address to be unsafe for any reason. In this case, CSA or Mobility will contact you to arrange alternative delivery options.
Authorised receipt of Goods: CSA and Mobility reserve the right to verify the identity of anyone placing, collecting or receiving an order which may include (but not limited to) requesting identification and/ or proof of purchase. For standard home deliveries, anyone at the Delivery Address (or upon collection) who receives the Goods shall be presumed by CSA to be authorised to receive the Goods. For Unattended Deliveries, receipt of goods by an authorised person at the Delivery Address is not required.
Additional delivery fee: For standard home deliveries if there’s no one at the Delivery Address or no one of appropriate age to receive, sign and pay for the Order when the Goods are delivered, the Goods won’t be left at the Delivery Address (unless CSA, or Mobility on behalf of CSA, are able to contact you to confirm your acceptance of an Unattended Delivery). If the Goods cannot be delivered and/or you do not wish to accept an Unattended Delivery CSA, or Mobility on behalf of CSA, will endeavour to contact you and may charge an additional delivery fee.
Minimum order value: The minimum order value on the Mobility platform is $50AUD. CSA may decide to accept an order which is below the minimum order value. Doing this in one instance won’t oblige CSA to accept an order which is below the minimum order value at any other time.
Cancellation: If you need to make any changes to or would like to cancel your Order, contact us on 1300 438 227 and we will discuss your options with you. All cancellation requests must be made at least 3 business days prior to the agreed Delivery Date.
CSA or Mobility may cancel your Order before delivery or collection in whole or in part. We may do this even if we have received payment from you or sent you a tax invoice. The circumstances in which we may cancel your order are if:
a. There was any error in the description of any of the Goods in your Order or the price as advertised by CSA on the Mobility platform.
b. Suspected fraudulent activity.
c. Your order is in breach of this Agreement or any other relevant terms and conditions or is contrary to any law.
d. Your order is unable to be fulfilled due to unavailability of the products you have ordered from the fulfillment location.
In the event that your Order is cancelled, CSA, or Mobility on behalf of CSA, will endeavour to contact you as soon as possible, via one or more of your contact details supplied, to advise of you of the cancellation.
Large / Bulk orders: Large / bulk orders are defined as any orders containing items that have been ordered above their stated retail limit. It is advised that the customer places any large/bulk orders at least 4 days before their intended delivery or collection day. This is to ensure orders of this nature are fulfilled as adequately as possible by our stores.
5. RISK AND TITLE IN THE GOODS
Risk and title in the Goods passes to you upon delivery or collection following successful payment for the Goods, at the Delivery Address (including an Unattended Delivery at the Delivery Address).
6. CREDITS AND REFUNDS
Credits will not be issued by CSA or Mobility for food orders placed via the app.
You can make a claim for a refund if:
a. You believe that you did not receive or collect Goods that you were charged for and notify CSA within 14 days.
b. There is a fault or defect with Goods you have purchased, and you notify CSA within a reasonable period of time.
Email online.customercare@coles.com.au or call 1800 455 400 to lodge your claim. CSA will assess your claim and are happy to offer a refund for any missing or faulty Goods.
For standard home deliveries, CSA may not, entirely at its own discretion pick up any Goods that you don’t accept. However CSA may need to inspect the Goods before making an assessment, therefore please keep them until CSA advise they can be discarded.
7. PRICE OF GOODS AND PAYMENT
Delivery Fee: If required by CSA, you must pay the Delivery fee for each Order to Mobility.
Additional fees: If charged by CSA in accordance with clause 4, you must pay any additional delivery fee.
Card fees: If charged by CSA or Mobility, you must pay any eftpos, or credit or debit card processing fee.
Total price of Goods: Goods in your Order are charged at the purchase price published at the time you submit your Order, and that appears on the Order confirmation, except:
a. if a Good is out of stock, in which case you won’t be charged for that Good;
b. if you have nominated that you will accept a substitute Good, the substitute Good will be charged at the lower of the original or the substitute price at the time the substitute Good is processed for your Order;
c. if you modify your Order, in which case all prices will update to the prices current at the time you modify your Order.
d. if a chargeable weight applies to your order, CSA reserves the right to apply a handling fee to orders that exceed 100kg.
Pricing Errors: CSA and Mobility reserve the right to amend any pricing errors displayed due to human error, computer malfunction or other reason and may exercise its right to cancel the order at any point prior to delivery of the goods pursuant to clause 4 above.
Tax invoice: Before or upon delivery of the Goods, Mobility will provide you with a tax invoice with the total price for the Goods, including credits applied and any other fees.
Method of payment: At the time you place the Order, you’ll be required to select your payment method being either, online payment by credit card or debit card. Unless otherwise agreed, in order to receive the Goods you have ordered, payment must be received by the selected payment method.
Saved Credit Cards: Where the customer chooses to save their card details on the Mobility Platform, the customer consents to Mobility storing the card details for use only as a payment method for future purchases they may make.
8. PROMO CODES
We may from time to time issue promotional codes. These promotional codes are personal to the individuals we issue them to and cannot be transferred or sold. The promotional codes are subject to the terms disclosed at the time of issue, and will be reflected on the Promotions page. We reserve the right to cancel any or all promotional codes at any time if we suspect error, fraud or any other abuse of the codes is occurring.
9. OUT OF STOCKS AND SUBSTITUTION
CSA doesn’t provide rainchecks on Goods ordered by you on the Mobility Platform. CSA will select for you (unless you advise us otherwise via your account or at the time of order) a substitution for Goods that are out of stock. CSA will try to ensure that all Goods you order (and any agreed substitutes) are supplied. CSA can limit sales to reasonable or normal household quantities. Substitute items are charged at the lower of the original and the substitute price.
Where a Grocery Product that you have selected is substituted with another Grocery Product, CSA cannot ensure that substitute Grocery Product caters to your specific dietary requirements, including allergies. Please read the labels of each Grocery Product (and any substitute Grocery Product provided to you) for dietary and allergy information.
10. PACKAGING AND LABELLING OF GOODS
CSA aims to provide up-to-date pictures and details of the Goods on the Mobility Platform. At times, the picture or details of the Goods may differ from the Goods actually supplied to you. CSA and Mobility do not warrant the accuracy of the information contained in the Product List, descriptions and pictures and recommends that you read labels carefully before consuming Goods.
11. LIABILITY
11.1 Subject to the extent permitted by law, you release and discharge CSA, Mobility and its related bodies corporate from all forms of direct, special, indirect or consequential Loss (including loss of profits, loss of data or Loss 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 the Mobility Platform or this Agreement (including the installation, downloading, use or performance of any software related to the Mobility Platform).
11.2 In respect of Unattended Deliveries only, to the maximum extent permitted by law or as otherwise set out in these terms and conditions, CSA and Mobility shall not be liable to you or to any other person for any loss, as a result of an act or omission by or on behalf of CSA or Mobility, arising out of or in connection with this Agreement including but not limited to:
a. where Goods are left at the Delivery Address as requested pursuant to the delivery notes left by a customer;
b. where Goods are left at a Delivery Address in a manner that is consistent with the delivery instructions specified in the request for an Unattended Delivery; or
c. where Goods are not left at the delivery address and require redelivery arrangements to be made.
11.3 Provided that it’s fair and reasonable to do so, any liability by CSA resulting from a breach of warranty (express or implied) will be limited as follows:
a. If the breach relates to the Goods, to the replacement of the Goods or the supply of equivalent goods.
b. If the breach relates to deliveries, to the re-supply of the delivery or the cost of having the deliveries supplied again.
These limitations don’t apply to any condition or warranty implied by legislation that does not permit CSA’s liability to be limited.
12. NOTIFICATION OF CHANGES
Mobility may add to, delete, or otherwise change any of the terms of this Agreement by giving you notice as provided in clause 15. Your use the Mobility Platform after notice will constitute your deemed acceptance of such changes.
13. PRIVACY AND SECURITY
For details on CSA’s commitment to your privacy, please refer to CSA’s Privacy Policy.
For details on Mobility’s commitment to your privacy, please refer to Mobility’s Privacy Policy.
14. TERMINATION
CSA or Mobility may terminate or suspend this Agreement at any time by delivering notice (as specified in clause 15) or by sending you a 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. Mobility may remove anyone from the system and CSA may refuse to deliver to a particular address at any time. You may cease placing Orders using the Mobility Platform at any time.
15. NOTICES
CSA or Mobility on behalf of CSA, may give notice to you by email, conventional mail, SMS or notice on the Mobility Platform. You may give notice to Mobility by email to support@mobility.com.au
16. SEVERABILITY
Each provision of this Agreement is severable. The Agreement remains enforceable even if individual clauses are removed or deemed unenforceable.
17. LAWS
The laws of Victoria govern this Agreement.
