Terms
1. Purpose
1.1. This Site (noochy.com.au) is operated by Vital Move Pty Ltd ABN 65 068 837 178 trading as Noochy (Noochy, we or us). These Terms and Conditions (Terms) together with any documents and policies referred to or referenced herein apply when you visit this Site or place an order for Products available from this Site either online by phone, or email.
1.2. Please read the Terms carefully before using the Site. By using the Site you agree to be bound by these Terms.
1.3. We reserve the right to amend these Terms from time to time by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site following the posting of any changes to these Terms constitutes acceptance of those changes. You can review the most current version of the Terms at any time on this page. If you have a Noochy Customer Account, we will notify you by way of email of the updated Terms (which may be provided by way of a link to the Terms appearing on the Site) or by leaving a notice with your next delivery.
1.4. Our Privacy Policy also applies to your use of the Site. You should review our Privacy Policy before using our Site or placing an Order.
2. Definitions
In these Terms: "Australian Consumer Law" means the Australian Consumer Law as set out in the Competition and Consumer Act 2010 (Cth) – Schedule 2.
"Business Day" means a day that is not a Saturday, Sunday or public holiday in Sydney, New South Wales.
"Content" means all content and material available on the Site, including our Intellectual Property.
"Intellectual Property Rights" means all current and future registered and unregistered rights in respect of copyright, designs, trademarks, trade secrets, know-how, confidential information, patents, invention, and discoveries and all other intellectual property.
"Kitchen" means Unit 19/10-14 Lilian Fowler Place, Marrickville NSW 2204.
"Order" means any order(s) for Products made by you through the Site by phone, or email.
"Our Intellectual Property" means all Intellectual Property Rights owned by Vital Move Pty Ltd trading as Noochy.
“Privacy Policy” means the privacy policy adopted by us and located at https://noochy.com.au/pages/privacy-policy
"Product" means any product or service advertised for sale on the Site.
“Promotions” means any promotion, offer or discount extended by Noochy on the Site or on any external Site.
"Site" means the website with the URL https://noochy.com.au
"Noochy", "We" or "Us" mean Vital Move Pty Ltd ABN 65 068 837 178 trading as Noochy.
"You" and "your" mean the person or entity using the Site for any purpose and includes without limitation any users who are browsers, vendors, customers, merchants, or contributors of content.
In these Terms, unless the context requires otherwise, the singular includes the plural, and the plural includes the singular.
3. Service Availability
The Site is intended for use by people requiring Product for delivery to addresses in Sydney, NSW, Australia (Delivery Areas). We do not accept Orders for outside of the Delivery Areas. To place an Order, you must provide a valid email address, delivery address, and credit card.
4. Your Status
By placing an Order through our Site, you warrant that:
- you are legally capable of entering into binding contracts; and
- you are at least 18 years old; and
- you require the Order to be delivered to a location within the Delivery Areas.
5. Intellectual Property
5.1. We own or have a licence to use all of the Intellectual Property Rights on this Site and all Content published on it (together, with the IP Rights).
5.2. You acknowledge that by using this Site the IP Rights: (a) belong exclusively to Vital Move Pty Ltd trading as Noochy or its licensors, unless otherwise expressly stated; (b) are protected by copyright, trademark or other intellectual property laws and all such rights are reserved.
5.3. You may download, print and retain a copy of the Content (or parts thereof) from the Site solely for your personal reference, provided that the copy is unaltered and retains all proprietary notices originally displayed on the Site.
5.4. You must not otherwise use, reproduce, modify, distribute, publish, store, transmit, commercially exploit, modify, or create any derivative works from any Content in whole or in part or permit or assist any other person to do so.
6. Accessing External Websites
6.1. The Site may contain links to other websites operated by third parties which are not under the control of Noochy. Noochy provides these links for information purposes only. The linked websites may not remain current or be maintained.
6.2. Linking to these websites should not be construed as endorsement, approval, or recommendation by us of the owners or operators of those linked websites, or of any information, products or services referred to or contained on those linked websites, unless we stipulate to the contrary.
6.3. To the extent permitted by law, we accept no responsibility or liability for and give no warranty (express or implied) of any kind in respect of, the linked websites and your use of them or any products or services available on or through them.
7. Your Conduct
7.1. When using the Site you must not post or transmit any information or material that is discriminatory, defamatory, obscene or is otherwise unlawful or infringes or violates the rights of Noochy or any third party.
7.2. If you post any comment, feedback, or opinion in relation to Noochy, this Site, Content or Products on any website, blog or social media platform (Commentary) you must ensure that such Commentary reflects your fairly held opinion.
7.3. By submitting an Order and posting Commentary, you irrevocably authorise Noochy to quote from your Commentary on the Site or in any advertising or social media platforms which we create or contribute to.
8. Customer Account
8.1. If you register for a customer account on the Site, you will be required to provide certain information which may include Personal Information as defined in the Privacy Act 1998 (Cth). Noochy is committed to ensuring that this information and your privacy are protected. For further information please see the Privacy Policy.
8.2. You can access your customer account on the Site via your email and password. You should not use a password for your customer account that you use for other online accounts.
8.3. You are responsible for keeping your password safe and not disclosing it to anyone.
8.4. You must take all reasonable steps to prevent unauthorised use of or access to your customer account and information relating to your customer account.
8.5. If for any reason, Noochy believes that you have not complied with these Terms, or that you are misusing your customer account in any way, Noochy may, at its discretion, cancel, suspend or otherwise restrict access to your customer account immediately and without notice.
8.6. You acknowledge that unauthorised access to your customer account and personal information may occur if you do not take these steps.
9. Orders
9.1. When you place an Order you enter into an agreement with Noochy to purchase the selected Product.
9.2. We reserve the right to specify a total minimum value for Orders below which orders will not be accepted (Minimum Spend).
9.3. Once your Order is placed, Noochy will email you to confirm that your Order has been received and accepted.
9.4. If, before or after we send you the Acceptance Email, you would like to amend the Order, you must contact our Customer Service Team via email at hello@noochy.com.au. If you have received the Acceptance Email but your Order has not been packed by us, Noochy will use reasonable endeavours to amend your Order once you have contacted our Customer Service Team.
9.5. We reserve the right to reject an Order for any reason, including if the Product (in whole or part) is unavailable, cannot be delivered, or there is an error in the Product details including the price. If we reject an Order we will use all reasonable endeavours to notify you via email within 10 days (Non-acceptance Communication).
9.6. For all Orders that are rejected by us, we may, in the Non-acceptance Communication, specify alternative options to the rejected Order including replacing the Product with a similar alternative, issuing a credit to your account, or issuing a refund.
9.7. Noochy may at its discretion, replace any Product with a similar alternative. If we need to replace any Product, we will aim to contact you prior to doing so. Customers may opt-out of receiving replacement Product by contacting our Customer Service Team and requesting an account credit or a refund equal to the price paid for the unavailable Product.
10. Pricing
10.1. The prices for Product and delivery are quoted on the Site in Australian dollars and may be updated from time to time as determined by Noochy.
10.2. Product prices and delivery charges are displayed inclusive of GST where applicable.
11. Delivery
11.1. Noochy delivers Orders within most locations within Sydney NSW Australia, however, we cannot guarantee that delivery will be available to you.
11.2. We accept no liability or responsibility for delivery details that are incorrectly supplied.
11.3 Delivery fees (as applicable) will be calculated by Noochy with reference to your nominated Delivery Address and charged to you at the time of placing your Order. Orders of over $120 are delivered free of charge.
11.4. Noochy may use a third party to deliver your Order.
11.5. Noochy will endeavour to deliver your Order to your nominated delivery address within the nominated time period and date that you select at the time of placing your Order, however, Noochy does not guarantee on-time delivery. You may contact us at hello@noochy.com.au to obtain an estimated time or if you have not received your Order after this period.
11.6. You authorise us to make delivery to any person in your household who is present at the Delivery Address at the time of delivery and is able to receive the Items.
11.7. If an event occurs that is beyond our control, then we may not be able to deliver your Order within the nominated time period and date. We will not be liable to you or any other person for any such delay. In this instance, we will endeavour to provide you with notice of the delay as soon as reasonably possible.
11.8. Noochy reserves the right to change or alter delivery days and cut off periods without notice.
11.9. If your nominated delivery address is an apartment, unit or other secured building (Secured Building), you must provide us the access code, instructions or such other means of entering the Secured Building by including the relevant details under "Delivery Instructions" at the time of placing your Order. If you do not provide Noochy with the instructions for accessing the secured building in the "Delivery Instructions" field at the time of placing your Order, Noochy will leave your Order on your doorstep.
11.10. Please note that once delivery has been made you are responsible for ensuring that the Products are promptly frozen or refrigerated as appropriate. Noochy will not be responsible for any loss (including theft) of delivered Products or their spoilage following delivery or for any illness arising from the consumption of a Product that is not stored in accordance with our directions.
11.11. If you will not be at home at the nominated delivery time, we recommend you nominate a cool safe place for delivery of the Products. If you do not provide a specific place for delivery, we will leave the Products at your front door. If you advise us of any specific delivery instructions in an Order, we will endeavour to comply with these instructions to the extent reasonably within our control.
11.12. We will not be held liable for any financial or physical damages of any kind. Noochy will not replace or refund any Orders submitted by the customer by mistake.
12. Customer Account Credits
12.1. Noochy may from time to time refund amounts to your customer account which will be redeemable as credit on the Site to purchase Products (Customer Account Credit). Any credit that is added to your customer account will only be valid and redeemable for 12 months from the date that the credit is added to your customer account and must be used within that time period.
12.2. Any Customer Account Credit or discount attached to a voucher can be applied to the price of the Order or delivery charges (unless otherwise specified).
12.3. Any Customer Account Credit that is not used or redeemed within 12 months of it being added to your customer account will be invalid and Noochy will not provide a refund or extension of time to use the Customer Account Credit.
13. Promotions and Vouchers
13.1. From time to time, we may run Promotions which are subject to both these Terms and additional Promotion-specific Terms. You should ensure that you read the specific conditions that apply to each Promotion. By proceeding to purchase you agree and accept the Terms of the applicable Promotion. Subject to clause 13.2, all Promotions and vouchers are subject to the following conditions:
a. You must be over the age of 18 to enter Promotions or claim a voucher and purchase from us.
b. Any Promotions or vouchers are single use only and not to be combined or used in conjunction with any other Promotions or vouchers unless otherwise stated by us.
c. Promotions and vouchers will be applied to your Order’s market price and your discounted order total will be confirmed before checkout. There may be a minimum spend requirement.
d. Promotions and vouchers are available for a limited time only, for as long as they are advertised on the Site, on any external Site, or as printed on the physical vouchers (Promotional Period). All Promotions and vouchers must be redeemed within the Promotional Period.
e. To redeem a Promotion or voucher during a Promotional Period, you must enter the redemption code into the promo code box during the checkout process.
f. Promotions or vouchers are not valid for cash or cash equivalent. Promotions or vouchers cannot be applied to previous purchases nor combined or used in conjunction with any other Promotions or vouchers.
g. Refunds will not be given for missed code application or non-applied discounts.
13.2. Noochy may offer Promotions or vouchers which may have different terms and conditions listed to those above. Such Promotions and vouchers will have the applicable terms and conditions provided with the Promotion and / or printed on the voucher itself or otherwise included on the Site or on any external Site.
13.3 We reserve the right to withdraw or cancel any Promotion or voucher for any reason at any time.
14. Payment Conditions
14.1. All Orders must be pre-paid.
14.2. The total amount of your Order is to be paid at the time of ordering.
14.3. Noochy accepts all Orders via credit or debit card or any other method listed on the online checkout page of the Site. Noochy also accepts Orders by payment (or part payment) with Customer Account Credit.
14.4. Credit card, Paypal, Apple Pay and other applicable payments will be processed on the day your Order is placed, where possible. Noochy may charge you an administration fee equivalent to any merchant fee charged to Noochy pursuant to your payment method plus up to one per cent of the total transaction. Orders will be processed once full payment has been cleared. If a card payment is declined by your issuer for any reason, Noochy cannot hold your Order.
14.5. Payment failures may occur due to insufficient funds, incorrect or outdated payment information, and transaction disputes. We reserve the right to re-attempt payment on all nominated payment method(s) to recover any outstanding amounts.
14.6. In the event that payment re-attempts are unsuccessful, we reserve the right to recover the debt through alternative means, either directly or through a third party.
14.7. We reserve the right to suspend or terminate future deliveries when payments are outstanding.
14.8. You acknowledge that we may pursue and attempt to collect any outstanding amounts as a result of any declined and outstanding payments on your account. You agree and allow us to contact you to discuss those failed payments.
14.9. If we are unable to receive or gain any satisfactory guarantee for payment, your name, contact information and order details may be referred to an external debt collection agency. You will be liable for any fees or charges incurred as a result of this referral.
15. Billing and Payment Security
15.1. The Noochy store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Products to you.
15.2. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
15.3. Noochy does not collect or store payment information. All payment information is collected and stored by the applicable third party in order to be processed as required.
15.4. You should check that your browser is compatible with Secure Sockets Layer (SSL) encryption which encrypts your credit card number and registration details before secure transmission. This is often indicated by a 'closed padlock' icon in the address bar of your browser.
15.5. We reserve the right to refuse any Order you place with us. We reserve the right to limit or prohibit Orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We may, in our sole discretion, limit or cancel quantities purchased per Order. These restrictions may include Orders placed by or under the same customer accounts, the same credit card, and/or Orders that use the same billing and/or shipping address.
15.6. Noochy will not enter into any transaction where it has a suspicion of use of a fraudulent or unauthorised credit card. Noochy may refuse or cancel any Order or transaction and/or prevent the delivery of Orders which are the subject of a suspected unauthorised credit card transaction. We reserve the right to investigate all accounts where we suspect incorrect or fraudulent activity occurred.
15.7. For the purposes of preventing fraudulent Orders, Noochy may request additional identification information from you such as photo identification including your current address. If so, Noochy will only use this information in accordance with our Privacy Policy, which may include notification of information provided to a credit card issuer or the police in the event of suspected fraudulent activity.
16. Consumer Guarantees and Claims
16.1. Consumers have certain rights under the Australian Consumer Law and other similar state and territory legislation, including consumer guarantees, which cannot be excluded by law. Nothing in these Terms operates to exclude those statutory rights.
16.2. To the extent permitted by law, the liability of Noochy in respect to such rights is limited to the replacement or resupply of a Product, or payment of the cost of such replacement or resupply.
16.3. Noochy provides an undertaking to you that Products leave Noochy premises completely fit for human consumption after cooking or heating in accordance with the directions.
16.4. If Products are delivered and you notice any shortfall in the Products, you must report the shortfall to Noochy by email within 48 hours after receipt of the Products. We will seek to investigate the circumstances surrounding any alleged shortfall in Products and provide an account credit of equivalent value for a substantiated shortfall.
16.5. Delivery costs are non-refundable.
17. Refunds
17.1. Noochy does not offer any refund or return where you simply change your mind in respect of any purchase of a Product.
17.2. Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. If you consider that any Product sent to you is damaged, defective or fails to comply with any guarantees in the Australian Consumer Law, you can notify us and we will examine the received digital or physical evidence of the defective Product and will notify you of the outcome via email within 14 days.
17.3. If you request a refund for any other reason, you can contact us at hello@noochy.com.au and we will use our reasonable discretion when we consider each request. We will notify you of the outcome of your refund request via email within 14 days. If your refund is approved, we will process the refund within 14 days of the day we confirmed to you via email that you were entitled to a refund.
17.4. Unless otherwise requested by you, refunds will be issued as a credit to your customer account. You may request that refunds are made to the same credit card used to purchase the applicable Products.
17.5. Refunds and returns or replacements do not include handling or delivery charges and all such charges are at your expense. Where a refund is authorised, there may be a delay of up to and possibly exceeding, 28 days from the authorisation date until you receive the refund.
17.6. Please take care when specifying your delivery address as refunds will not be provided if you enter an address incorrectly.
17.7. For assistance with refunds and returns please email Noochy at hello@noochy.com.au.
18. Product Life
18.1. The Products are labelled with a best before date (Label).
18.2. The instructions on the Label take precedence over any part of these Terms.
18.3. Frozen products should be stored in a freezer upon receipt and chilled products should be stored in a refrigerator upon receipt.
18.4. You acknowledge that it is your responsibility to keep Products at the temperature specified on each Product’s label at all times.
18.5. You acknowledge that all Products must be cooked or reheated in accordance with the Product’s label instructions.
19. Acknowledgements, Warranty, and Disclaimers
19.1. Use of this Site and its Content by you is at your own risk.
19.2. Noochy will use its best efforts to ensure that the Content provided on the Site is up to date. However, Noochy does not warrant or represent that the Content and material displayed on the Site is free from human or mechanical error, technical inaccuracies or other typographical errors or defects.
19.3. You acknowledge that all Products listed on the Site are described by Noochy to the best of its ability. Due care has been taken to ensure that all information relating to a Product displayed on this Site is correct, but Noochy cannot eliminate the possibility of error.
19.4. To the fullest extent permitted by law, Noochy accepts no responsibility for the Content (including advertising material) posted to the Site by third parties, including (without limitation), any error, omission or inaccuracy.
19.5. You acknowledge that the use of online services, such as the Site, carries inherent risks of security breaches or data interception and no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
19.6. Noochy reserves the right to vary, modify, change or discontinue any feature or part of this Site and the hours of availability, without notice and without liability.
19.7. You acknowledge that Noochy does not give or purport to give medical or health advice.
19.8. You acknowledge that consumption of Products involves the risk of ingesting something that may cause an allergic response or result in food intolerance. While we take all due care to keep allergy prone ingredients out of certain meals, please be aware they may still be present.
19.9. You acknowledge that there are inherent risks associated with reheating the Products prior to consumption, including the risk of illness from failing to reheat Products adequately or risk of injury from hot substances in the Products, including liquids. You agree that you will ensure that Products are only reheated strictly in accordance with the instructions printed on the packaging and at all times only by an adult.
19.10. You acknowledge that whilst we make our best efforts to ensure our Products are free of any foreign objects, natural products may contain hard or sharp natural components such as bones and scales in seafood, shell in nut products and pips in fruit products.
19.11. To the extent permitted by applicable law, Noochy is not responsible for, nor gives any warranty in respect of any materials, foodstuffs, drinks or other supplies which give rise to:
• any adverse effect on any person due to allergy or intolerant reaction arising from that person’s consumption of any food or drink supplied by Noochy;
• any damage suffered by any person using any Products supplied by Noochy;
• any damage suffered by any person in the conduct of any activity relating to Products supplied by Noochy, including without limitation reheating them; and
• any loss or damage to any material and Products including food and drink agreed to be supplied by Noochy, which damage occurs in transit, during delivery or during storage of your Order by you or in any other manner after your Order has left the premises of Noochy.
19.12. Noochy is not liable for food perishing or other deterioration in quality caused by careless or improper handling, non-adherence to storing instructions or other abuse or misuse caused by you or a third party.
19.13. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
19.14. Nothing in these Terms is intended to limit your rights as a consumer under the Australian Consumer Law.
19.15. To the full extent permitted by law: (a) Noochy does not take responsibility for direct or indirect damages and consequential losses associated with damage to Products occurring during or after delivery; and (b) Noochy does not take responsibility for direct or indirect damages and consequential losses suffered by the use of fraudulent or unauthorised credit cards.
19.16. By accepting these Terms you acknowledge that you have sufficient notice of this disclaimer and have accepted this disclaimer out of your own free will.
20. Termination
20.1. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our services, or when you cease using our Site.
20.2. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Products or services (or any part thereof).
21. Force Majeure
21.1. We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
21.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lockouts or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; the impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; the impossibility of the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.
22. General
22.1. These Terms contain the entire understanding between the parties concerning the subject matter of these Terms and supersede all prior communications.
22.2. Each party acknowledges that, in entering into these Terms, neither party relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms.
22.3. If a provision (or part of it) is held to be unenforceable or invalid, then it must be interpreted as narrowly as necessary to allow it to be enforceable or valid.
22.4. Nothing in these Terms shall confer on any third party any benefit or the right to enforce any provisions of these Terms.
22.5. Our failure to enforce any provision under these Terms will not waive our right thereafter to enforce any such provisions.
22.6. The Terms are governed by and are to be construed in accordance with the laws in force in New South Wales. By accessing and using this Site, you agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales.
22.7. The Terms are binding on you and us and on our respective successors and assignees.
22.8. You may not transfer, assign, charge or otherwise dispose of your rights or liabilities under these Terms, or any of your rights or obligations arising under it, without our prior written consent.
22.9. We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms, at any time without your prior consent.
23. Contact
Any questions about the Terms should be sent to us at hello@noochy.com.au. Our contact information is posted below:
Vital Move Pty Ltd ABN 65 068 837 178 trading as Noochy
Unit 19/10-14 Lilian Fowler Place Marrickville NSW 2204