Terms and Conditions of this site

 

Your access and use of the website is subject to the following terms and conditions. Please read before accessing and using the website.

 

Compliance with the Terms & Conditions

By completing your registration through the site and using the site to purchase products from us, you agree to and are obligated to comply with these terms and conditions.

Before placing an order through the site you must complete the customer registration process. The information that you provide us will be held and used by us in line with our privacy policy. It is necessary that information that you provide us within your registration is accurate and complete. You must inform us if there are any changes to these details.

An agreement based on these terms and conditions exists once Drakes Supermarkets accepts an order from you which occurs when your order is processed.

 

Orders, Delivery, Collection and Cancellation

Placing your order

To avoid disappointment, please place your order 48 hours prior to your function. Orders can be picked up in store at any participating store or can be delivered to your selected venue, Monday through to Friday from 8:00am to 6:00pm, Saturday from 8:00am to 4:00pm and Sunday 12:00pm to 4:00pm.

Collection at store

For your convenience platters can be made available for collection at participating Drakes stores.  A full list of participating stores is available when you checkout. We require a minimum of 2 days’ notice to create your platter.  Your order will be ready to collect from your selected time slot, 2 days after placing your order online.

We require a printed copy of your invoice at the time off collection.

Please call 1300 373 537 for further information.

Delivery

Orders placed for delivery to locations that are not in Drakes Supermarkets delivery area cannot be processed. When you complete your delivery address postcode you will be informed if this is the case.

Orders must be placed (or modified) 2 days before your delivery date. Refer to the delivery tab for dates/time. Orders can be placed up to 7 days in advance of delivery. Orders can be picked up in store at any participating store or can be delivered to your selected venue, Monday through to Friday from 8:00am to 6:00pm, Saturday from 8:00am to 4:00pm and Sunday 12:00pm to 4:00pm.

Orders $300 and over qualify for free delivery within the Drakes Supermarkets delivery area. All orders $299 and under that are placed for delivery will incur a $20 delivery fee.

Discounts such as pensioner, entertainment books etc, are not redeemable for online shopping.

Platters required for collection or delivery on a public holiday will not be available.  If your function is on a public holiday, platters will need to be collected or delivered to your venue the day before.  Orders will need to be placed 48 hours prior to the delivery or collection date.

Drakes Supermarkets will deliver the goods to the delivery address provided by you within the time selected by you. If you request Drakes Supermarkets to deliver beyond your front door and we agree that it is practical to do so, you agree to indemnify and hold harmless Drakes Supermarkets (and it’s officers, employees, contractors and agents) for any loss, damage, liability, cost expense, claim, action or demand suffered or incurred through the delivery of the goods beyond your front door.

We will not deliver the products you have ordered if you or an appropriate person is not at the delivery address to receive the order. If we arrive to your venue at the scheduled time and nobody is available to take collection of your order, we will attempt to contact you.  If you think you missed your delivery, call us on 1300 372 537.  We won’t leave your order unless it is signed for.  A cancellation fee of $30 may be charged.

It will be presumed by Drakes Supermarkets that any person at the delivery address who receives the goods is permitted to do so.

Risk and title in the goods passes to you upon delivery.

If in the unlikely case of a delay beyond our control, we will make immediate contact with you regarding any potential delay. An unforeseeable circumstance includes but not limited to a flat tyre, ill weather, traffic jam or vehicle break down.

If you believe the goods we charged you for were not supplied or there is a fault or defect, you are able to make a claim for a refund to your credit/debit card or an online credit coupon by contacting customer service on 1300 372 537.

Drakes may need to inspect these items so please keep them until we advise they can be discarded. We won’t refund the delivery fee.

Drakes Supermarkets credit coupons are valid for 12 months from date of issue unless otherwise stated.

Drakes Supermarkets displays pictures of items available for purchase. At times the pictures may differ from the items you receive.

Cancellation

If you do wish to cancel your order after the cut-off time period, please contact us directly on 1300 372 537. All orders cancelled after the cut-off period may incur a $30 cancellation fee.

Further Questions

Please call 1300 372 537 Monday-Friday between 8.00am and 4:30pm (AEST) and a member of our team will be happy to answer your queries.

Fees and Charges

When an order is placed you will be charged, and you agree to pay, the purchase price of each product within the order, the delivery fee and any cancellation fee for an order that has been cancelled (if applicable).

All orders placed for delivery will incur a $20 delivery fee for home/office delivery.  Service terms may be amended during peak periods or sales.

Cancellation fee – Orders cancelled after midnight for a delivery due next day may incur a $30 fee.

The products in your order will be charged at the purchase price that was current on the site at the time you submitted or modified your order. This price will appear on your confirmation and tax invoice.

Pricing Errors

Drakes will contact you in the event of a pricing error and you will have the right to amend your purchase.

Payment

You are required to provide credit/debit card details when you complete your order. Your card will be charged at the time your order is completed. If your card is declined we will try to contact you.

A receipt/tax invoice of your order will be generated via email to you.  It will show your delivery fee, if applicable.

Liability

Liability for special types of loss

We are not liable to you for any consequential, indirect, special, punitive, remote or incidental damages or for any loss of profit, loss of data, loss of goodwill, loss of business, loss of opportunity, increased financing costs, or any failure to realise anticipated savings or any type of commercial or economic loss.

 

Your rights under consumer law

All goods supplied to you by us come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied to you by us fails to meet a consumer guarantee under the Australian Consumer Law. Nothing in this document excludes, restricts or modifies any condition, guarantee, warranty, right or liability protected by law to the extent that such exclusion, restriction or modification would render this document or any provision of this document void, illegal or unenforceable.

Financial liability

Save for in relation to claims you make under the Australian Consumer Law, the maximum amount we will be liable to you in connection with any claim (or claims) you make in relation to each order you place is limited to the amount of that order.

Site and IGA e-stores

We make no promise or warranty to you that our e-store will meet any of your requirements, be error or defect free nor free from bugs, nor that they are impenetrable by malicious third party attacks.

Your contribution

Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

 

Use of the website

Variation

Drakes Supermarkets may alter these Terms from time to time by posting the altered version on this website. You should visit the website regularly to keep up to date with any alterations. By continuing to use this website, you accept the Terms current at the time you access and use it.

Trading relationship

If you have a trading relationship with Drakes Supermarkets, that trading relationship is governed by a separate agreement between you and Drakes Supermarkets. However, these Terms also apply to your use of this website.

Intellectual property

Material and content displayed on or comprised by this website including text, graphics, logos, button icons, images, the website layout and software is subject to copyright owned by Drakes Supermarkets or its suppliers. That material and content is protected by the Copyright Act 1968 (Cth) and other international copyright laws. Brands, names, images and logos displayed on the website may be the subject of registered trademarks of Drakes Supermarkets or its suppliers and protected by the Trade Marks Act 1995 (Cth) and other international trade mark laws. You may access, display, download and print portions of the website only for personal non-commercial use or for good faith commercial dealings with Drakes Supermarkets, and subject to these Terms. This permission is subject to you not modifying or republishing the content displayed on this site, keeping intact all copyright, trade mark, and other proprietary notices, and any additional restrictions or express exceptions displayed on the website. Any other use of material on this website including the reproduction, modification, distribution, transmission, re-publication or display of the content on this site is strictly prohibited.

Information on the website

Information on this website may or may not change from time to time. It is not promised or guaranteed to be correct, current or complete. This website may contain technical inaccuracies or typographical errors. Drakes Supermarkets assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision based on information on this website.

Advice

This website may contain advice and other tips and information including in relation to nutrition. That advice and information is of a general nature only. It should not be relied on as applying to your specific situation. Obtain specialist advice in appropriate situations.

Third-party material

This website may provide links or references to third party websites (Linked Sites) or display material sourced from a third party (including a product supplier or consumer) (Third Party Material). Drakes Supermarkets is not responsible for and does not endorse: (a) the content of Linked Sites or Third Party Material; (b) any use or misuse of information you may supply to or obtain from a Linked Site or any Third Party Material; or (c) any goods or services offered via Linked Sites. Drakes Supermarkets does not warrant or represent the accuracy, utility or any other characteristic of Third Party Material or information or content appearing on Linked Sites. Drakes Supermarkets is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from this website.

Viruses

You are responsible to protect your computer from malicious or destructive content and programs such as viruses, worms and Trojans, and to protect your information as you deem appropriate.

Use of this website

You agree to comply with all domestic and international laws applicable to your use of this website. Without limitation, you agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this website, including by uploading or transmitting through the website any viruses, worms, trojans or other potentially destructive programs designed to interfere with, interrupt or disrupt the normal operating procedures of this website or any computer. You must not post on this website any material that is abusive, defamatory, obscene, contrary to law or to the rights of any party. Drakes Supermarkets may block or delete from this website any material you post that Drakes Supermarkets decides contravenes those requirements. You must not impersonate or misappropriate the identity of another person. Use of this website in contravention of these Terms may result in you being banned from the website and being liable to Drakes Supermarkets for breach of contract and/or infringing applicable law.

Links to this website

You may not create a link to any page of this website without our prior written consent.

Disclaimer of warranty

You use this website at your sole risk. To the extent legally permitted, all materials, information, products, programs and services are provided “as is”, with no warranties, conditions, representations or guarantees (Warranties) whatsoever. To the extent legally permitted, Drakes Supermarkets expressly disclaims all implied, statutory and other Warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and intellectual property rights. Without limitation, Drakes Supermarkets does not represent or warrant that the functions within this website will be uninterrupted, error-free or secure, that any defects will be corrected, or that the website or the server that makes this website available is free of viruses or other harmful elements. You agree that in using this website you have not relied on any Warranty made by Drakes Supermarkets not expressly contained in these Terms. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. If applicable law prohibits the exclusion of any of the Warranties referred to above, to the extent legally permitted, Drakes Supermarkets limits its liability for breach of any such Warranties to resupply of the affected products or services or payment of the cost of resupply of the affected products or services, at Drakes Supermarkets’ discretion.

Limitation of liability

To the extent legally permitted, Drakes Supermarkets is not liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type related to or arising from: (a) this website; (b) any use of this website or of any site or resource linked to, referenced or accessed through this website; or (c) the use or downloading, or access to, any materials, information, products or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data. These exclusions apply even if Drakes Supermarkets is expressly advised of the possibility of such damages and extend to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and Drakes Supermarket’s maximum aggregate liability to you for all losses, damages and other amounts referred to in the above exclusions of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$50.00.

Indemnity

You agree to indemnify, defend and hold harmless Drakes Supermarkets from and against all losses, expenses, claims, proceedings and damages of every kind due to or arising out of any violation of these Terms, the rights of another party or any applicable law or arising out of any activity related to your account, by you or any other person accessing this website using your Internet account. The indemnity in this clause extends to and applies for the benefit of Drakes Supermarkets’ officers, directors, employees, agents, contractors, licensors and suppliers.

Password security

If you are allocated a password to access any part of this website, you are responsible to prevent the password being disclosed to any third party.

Privacy

Your privacy is important to Drakes Supermarkets. By providing your details to Drakes Supermarkets via the website, you consent to Drakes Supermarkets maintaining, recording, holding and using that information to process orders, to improve service to customers and to inform you of promotions. Further information about the collection and use of your personal information is contained in our Privacy Policy.

Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times, open mail, URL requested and referral URL. This information is not shared with third parties. Any individually identifiable information related to this data will not be used in any way different to that stated in these Terms.

Cookies

Like most interactive web sites, this website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our website to enable the functionality of this area and ease of use for the user of this website.

Applicable law

These Terms are governed by the law of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and its appellate courts. If any of the terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.

 

General

In these Terms and Conditions, ‘Drakes Supermarkets’ means Drake Supermarkets Pty Ltd (ACN 109 544 416) and its related bodies corporate.

These Terms and Conditions may be changed at any time. Any changes will be effective as soon as they are posted. These Terms and Conditions may consequently be different for future orders therefore we advise that you read these Terms and Conditions each time you agree to them during the ordering process.

Drakes Supermarkets may terminate or suspend your access and use of the site or terminate or suspend this agreement at any time.

Drakes Supermarkets reserves the right to reject any order.

Most problems can be quickly resolved over the phone. Please call 1300 372 537 if you have any issues. – Monday to Friday 8:00am to 4:30pm (AEST).

If you are not satisfied with your order, then neither are Drakes Supermarkets. Please call 1300 372 537 during business hours and a representative will be happy to assist you.