Michel’s Patisserie Online Delivery Ordering Terms and Conditions

These terms and conditions apply to the use of the Michel’s Patisserie online delivery portal “delivery service” defined as the online portal service utilised to facilitate an online order.

By placing an order using the delivery service you confirm that you have read and understood these terms and conditions and agree to be bound by them (as may be changed from time to time) and you consent to Michel’s collection, use and disclosure of your personal information in accordance with Michel’s privacy policy (refer to https://www.michels.com.au/privacy-policy/) as may be amended from time to time and incorporated here by reference.

Use of the Delivery Service

The delivery service is only available to individuals aged 18 years or over and accessing the delivery service from postcodes within the delivery range via the Michel’s delivery website.

Those persons under the age of 18 are eligible to order provided they are over the age of 13 and receive parental or guardian consent. Parents/guardians may be required by Michel’s to enter into a further agreement as evidence of consent for a minor to order online.

Michel’s may, in its absolute discretion, refuse to provide delivery to any person for any reason and will not be liable for any costs, loss or damage incurred by you if we refuse to provide the delivery to you.

Placing an order

To place an online order using the delivery website, you must follow the instructions on the home page of the website. You are able to correct errors on your order up to the point on which you click the “Confirm Order” button on the “Confirm Order” page. Once you have entered the ordering screen you must complete your order before your session times out otherwise you will have to restart the order process.

You must provide the requested information for us to process your order. We reserve the right to request further information from you at any time to enable us to complete your order and/or to comply with regulatory requirements.

We will use various procedures to authenticate each transaction. In the event we consider that we cannot authenticate a transaction then we may, in our absolute discretion, cancel it.

By placing an order you confirm that all information contained in the order has been entered correctly.

Order confirmation

After your click on the “Confirm Order” button on the “Confirm Order” page, you place your order with us and we receive your order, and the system will send an automated email to the email address you have provided, setting out the details of your order.

You cannot change any order you place with us.

Any order placed using the delivery website is an offer by you to purchase the particular items referred to in the order for the price stipulated.

We may, at our sole discretion, accept or reject an order we have received.

Each order placed for items using the delivery website that we accept results in a separate binding agreement between you and the owner of the Michel’s Patisserie franchise supplying those items.

Fees and Charges

We will charge you and you agree to pay the following fees and charges in relation to any order made using the delivery website:

  1. The purchase price for each item comprising the order; and
  2. Any other fees and charges set out in the terms and conditions.

We reserve the right to alter the agreed price for any items contained in an order if an incorrect price was cause by a software fault, error or malicious attack.

Payment via debit/credit card

For orders paid by credit card or debit card, your card will be debited with the relevant amount once you press “Confirm Order” on the “Confirm Order” page. To protect you against fraud, we may require the card used to pay for an order to be presented at the time of delivery of your order.

The card must belong to the person placing and receiving the order. You must ensure that the card is registered in your name and your account must have sufficient funds available to cover your order and any applicable fees.

We accept the following credit cards only:

  • VISA; and
  • Mastercard
  • Amex

If we are unable to successfully process your credit card payment for your order that is accepted by us then we may notify you of dishonour and cancel the order.

You must not pay or attempt to pay for items using the delivery website through any fraudulent or unlawful means.

Minimum Orders

The delivery service provided by participating Michel’s Patisserie stores is only available when a customer meets the minimum order value of $30 AUD.

Delivery Details

Delivery can only occur if you live within a postcode outlined by the participating Michel’s Patisserie Franchise. We require a minimum of 6 days’ notice (from your order date) to prepare your order and have it ready for delivery. If you require a product in less than 6 days, please contact your local store to check their availability.  Whether an order is capable of being delivered in less than 6 days will be at the sole discretion of the participating Michel’s Patisserie store. We will endeavour to deliver your products to your nominated address within one hour of your nominated delivery time. We reserve the right to cancel the delivery and issue a full refund should delivery not be able to occur due to inclement weather, vehicle and / or product issues or poor accessibility to the delivery address. There will be a flat $5 delivery fee applied to all orders placed using the delivery service.

No cancellation

You may not reverse or cancel any order made using the delivery service.

Guarantee of Satisfaction

Only the freshest and finest ingredients are used in our recipes. However, if you are not genuinely satisfied with the quality of the product return it to the place of collection within 2 days of collection for a full refund or replacement.

Changes and Cancellation

Please make every endeavour to ensure that the product type, delivery date and nominated store are correct before you place your order. Once you have confirmed and paid for your order no changes are permitted. The order will be charged to your account and delivered to the nominated delivery address.

Personal information and security

We use secure service software to make our internet transaction secure. You should review our privacy policy to find out how we may use and disclose your personal information. You agree that all information provided by you is true and correct that any material information not be withheld and you will provide us with any additional information that may be required by us.

All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment, your order will not be accepted.

Risk and Title

Risk in the items ordered using the Service passes to you on the date and time of receipt of the order and title of these items passes to you on the latter of:

  • Payment of those items;
  • Receipt of those items.

Limitation of liability

We use reasonable care and skill in providing the delivery service and are (to the extent provided by law) not liable for any of the following:

  • If we do not perform any of our obligations to you due to failure of any technical systems or for any other reasons beyond our control;
  • For any damage to your computer or mobile phone or other facilities as a result of using the Service; or
  • For any indirect, or consequential losses, claims or damages (including without limitation loss of profit, loss of production, loss of contracts, loss of opportunity) suffered by you or incurred from your use of this delivery service however caused.

Our maximum liability to you in respect of each use of the delivery service shall be the refund of the purchase price of your order.

Indemnity

You must indemnify us from and against all claims, liabilities, damage, suits and losses made against or suffered by us as a direct result of:

  • Your fraudulent or wilful negligent act or omissions;
  • Any breach of these terms and conditions by you;
  • Your act or omissions which causes us to be in breach or any law or regulation; or
  • Personal injury, death or property damage caused or contributed to by you.

General Restrictions

You must not:

  • use the delivery services for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
  • use the Services in a manner or way which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the delivery services;
  • Make fraudulent or speculative enquiries, purchases or requests using the delivery services;
  • use another person’s details without their permission or impersonate another person when using the delivery services;
  • tamper with or hinder the operation of the delivery services;
  • knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to our website or associated application associated with our delivery services;
  • reformat or frame any portion of the web pages that are part of our website or associated application associated with our delivery services;
  • use our website or associated application associated with our delivery services to violate the security of any computer or other network or engage in illegal conduct; or
  • use the delivery services other than in accordance with these terms and conditions.

Warranties

You warrant that:

  • All information and data provided by you to us using the delivery services is true, accurate, complete and up to date;
  • the person receiving any items ordered on your behalf is authorised by you to do so.

Intellectual Property Rights

You:

  • acknowledge that the copyright in the website, associated application, the software, design, text and graphics associated with the delivery service and its content and materials (together, the “Materials”) are owned by or licensed to us;
  • must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
  • must not frame or embed in another website any of the Material without our prior written consent.

The Materials contain registered trade marks and other trade marks which are protected by law. You must not use any of these marks or trade marks or our name or the names without our prior written consent.

Alteration of terms

We may, at any time, with immediate effect, change or withdraw the delivery service or these terms and conditions without liability to you. If we revise these terms and conditions, we will post a revised version. By using the delivery service after we have changed these terms you will be accepting the changes.

Third party rights

When you place an order via the delivery service and we receive the payment for the order and accept your offer to enter into the contract for the related delivery service, you are entering the contract with the franchisee. Nothing in these terms will confer any benefit on any third party or any right to enforce these terms on any third party.

Complaints and compliance

If you have any comments or complaints in respect of our services please contact the Customer Care Centre on 1800 067 619