Terms & Conditions
These terms and conditions (“Terms”) apply to your use of this Website, including the placement by you of any Order. By using this Website and placing an Order, you agree to be bound by these Terms.
Home Run may amend these Terms from time to time. If you are a registered user with us we will notify you by email of the updated Terms and we will publish the updated Terms on our Website. Use of this Website by you after an updated version of the Terms has been made available indicates your acceptance of the Terms.
In these Terms: “Australian Consumer Law” means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended from time to time.
“Business Day” means a day that is not a Saturday, Sunday or public holiday in Melbourne, Victoria.
“Content” means all content and material available on this Website, including the Intellectual Property Rights.
“Home Run”, “we” or “us” means Set Piece Pty Ltd (ACN 156 275 955) trading as Home Run Food Co.
“Intellectual Property Rights” mean all current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trade marks, trade secrets, know-how, confidential information, patents, invention and discoveries and all other intellectual property owned by Home Run.
“Order” means an order placed by a Customer of this Website.
“Premises” means HomeRun’s premises at 9/16 Carbine Way, Mornington, VIC 3931.
“Product” means any of HomeRun’s products advertised for sale on this Website.
“Privacy Act” means the Privacy Act 1988 (Cth), as amended from time to time.
“Website” means this Website with URL www.homerunfood.co.
“you” and “your” means any user of this Website.
These terms, along with any order placed by you, will form the entire agreement between you and HomeRun in relation to its subject matter.
Once your order is placed, HomeRun will accept the order as final. Changes or cancellations cannot be made to the order unless agreed by HomeRun. Please contact us at firstname.lastname@example.org if you wish to change or cancel your order.
Should a product not be available at the time of making your order, HomeRun reserves the right to contact you and advise you of alternative options for your order.
If any product ordered by you is not available at the time of your delivery, HomeRun will contact you to make alternative arrangements or refund you the price of the product that is unavailable.
HomeRun may, at its discretion, replace any product with a similar alternative.
All prices quoted on this Website are current, however, prices may be revised from time to time as determined by HomeRun.
HomeRun are able to deliver to the post codes in the Mornington Peninsula, Frankston City, Bayside and Kingston, nominated on our Website.
There is no minimum order for delivery, but some orders will incur a delivery fee. HomeRun may revise delivery fees from time to time at it’s discretion.
HomeRun will endeavor to deliver your order to your nominated delivery address within the time period and date you select at the time of placing your order.
If you have not received your order after this period, please call or email us on email@example.com.
If your delivery address is an apartment, unit or other secured premises, please complete the relevant details in your order under “delivery instructions”, including instructions for how to access your delivery address. If you do not provide HomeRun with further instructions under “delivery instructions” at the time of placing your order, HomeRun will leave your order on your doorstep.
Risk in the products passes to you at the time of delivery. Once delivery has been made you are responsible for ensuring that the products are frozen or refrigerated soon as possible. HomeRun will not be responsible for loss, spoilage or theft of products following delivery.
Access to your account is via your email and password. Any registration details you use are personal to you and must not be used by anyone else. You are responsible for keeping your personal details, including your delivery address and any delivery instructions up to date. You are also responsible for keeping your password confidential. If, for any reason, HomeRun believe on reasonable grounds that you have not complied with these terms, HomeRun may cancel, suspend or otherwise restrict your access to your account at its discretion.
HomeRun will offer discount codes from time to time. These discount codes may be applied directly to an order when it is placed on this website at the time of checkout.
HomeRun offers Gift Vouchers that can be used to purchase products on this website. Gift Vouchers can be ordered here https://www.homerunfood.co/menu/gift-card.
Gift Vouchers will be emailed to the email address listed in the order.
Gift Vouchers will be valid for 3 years from date of purchase.
All orders and Gift Vouchers must be pre-paid at the time of ordering.
All prices for products are inclusive of GST and are in Australian dollars.
HomeRun accept all orders by payment using Applepay or by Visa, MasterCard and American Express. Credit card payments will be processed when your order is placed. If the card payment is declined for any reason, HomeRun will contact you but cannot hold your order.
RETURNS, REPLACEMENT AND REFUND POLICY
Consumers have certain rights under the Australian Consumer Law and other similar state and territory legislation, including consumer guarantees, which cannot be excluded. Nothing in these terms operates to exclude any of your statutory rights.
To the extent permitted by law, the liability of HomeRun in respect to such rights is limited, at the option of HomeRun, to the replacement or resupply of a product, or payment of the cost of such replacement or resupply.
HomeRun does not offer any refund or return where you simply change your mind in respect of any purchase of a product, or where a product has been opened, used or damaged after delivery.
If products are delivered and you notice that any product is missing, you must report the missing product to HomeRun by emailing firstname.lastname@example.org within 24 hours after receiving the products. We will investigate the circumstances surrounding any missing product.
Refunds, returns or replacements do not include any delivery or shipment charges and all such charges are at your expense. If a refund is provided, the refund will be issued to the same credit card used to purchase the products.
A faulty product must be returned before a replacement product is supplied by HomeRun, unless otherwise determined by HomeRun in its discretion.
PRODUCT QUALITY AND STORAGE
HomeRun will endeavour to ensure that all of its products are of the highest quality, however, to the extent permitted by law, HomeRun are not responsible for and will not be liable in relation to any allergic or intolerant reaction arising from a person’s consumption of any product, or any other damage or loss (whether direct, indirect or consequential) suffered by any person from consuming or using any product.
All products are labelled with a use by date. Subject to the use by date, you can usually store non-frozen products in the refrigerator for 7 days and frozen products in the freezer for 90 days. Once opened, products should be consumed within 3 days.
HomeRun will not be liable for food perishing or other deterioration in the quality of a product caused by careless or improper handling, non-adherence to storing instructions or by other misuse, whether caused by you or a third party.
EVENTS OUTSIDE OUR CONTROL
HomeRun will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms or in relation to an order that is caused or contributed by a Force Majeure Event.
A Force Majeure Event means anything affecting HomeRun that is outside of HomeRun’s reasonable control, including but not limited to fire, storm or other extreme weather event, flood, earthquake, epidemic, war, invasion, terrorism, civil commotion, blockade or embargo, labour dispute, labour shortage, failure or delay in transportation or supply, or any law, order, proclamation, regulation, ordinance, demand, requisition or requirement or any other act of any government authority.
USE OF THIS WEBSITE
Use of this website and its content by you is at your own risk.
HomeRun will endeavour to ensure that the content provided on this website is accurate and up to date. However, HomeRun does not warrant or represent that the content and material displayed on this website is free from human or mechanical error, technical inaccuracies or other errors or defects.
HomeRun reserves the right to vary, modify, change or discontinue any feature or part of this website, without notice and without liability. To the fullest extent permitted by law, HomeRun will not be liable for any loss (whether direct, indirect or consequential) which may be suffered by you in relation to your use of this website, the content or any content (including advertising material) posted to this website by third parties, and/or the fact that certain information or materials contained on this website are incorrect, incomplete or not up-to-date.
This website and all content that exists in connection with this website belongs exclusively to Home Run or is used under license (unless expressly stated otherwise), and is protected under intellectual property laws in Australia.
You agree that you will not 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.
In the event of any inconsistency between the Terms and an Order, these Terms will prevail.
Unless the context requires otherwise, the singular includes the plural and the plural includes the singular in these Terms.
If a provision (or part of it) of these Terms is held to be unenforceable or invalid, then to the extent possible the provision will be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
Nothing in these Terms shall confer on any third party any benefit or the right to enforce any provisions of these Terms.
These Terms are governed by the laws of Victoria, Australia. By accessing and using this Website, you agree to submit to the non-exclusive jurisdiction of the Courts of the State of Victoria, Australia.