Corporate Catering Specialists

TERMS & CONDITIONS


VANILLA BLUE Pty Ltd
BUSINESS ACCOUNT TERMS AND CONDITIONS
A.B.N.: 87 124 365 920

 

Overview

The following is a brief overview for our next day orders, order cancellations policy and delivery fees. For full details please see the concise Terms and Conditions below.


Next Day Orders
Next day orders placed prior to 3:00PM can be made from the full Vanilla Blue menu. Orders for the following day placed after 3.00PM can only be made from the 'Express Menu'. Please note that orders placed after 3:00PM for delivery the following day will be delivered from 12:30PM onwards, based on availability.

Order Cancellation
Vanilla Blue will accept cancellation of orders up until 3 days prior to the event. Orders cancelled after this time may incur cancellation charges. Orders of a value of less than $500 cancelled prior to 3.00PM the day before the event will be accepted without a charge. Orders of a value greater than $500 cancelled after 3:00PM the day prior to the event will attract a 50% cancellation fee. Orders cancelled on the day of delivery will be charged at a 100% of the total invoice amount.

During the Christmas Season and Melbourne Cup, cancellation of orders will incur a 20% cancellation fee, and a 100% cancellation fee if cancelled less than 2 days prior to the event.

Delivery Fees
Standard delivery hours are between 7:00AM to 5:30PM Monday to Friday. For most areas a delivery fee will not be charged. You will be advised at the time of placing your order if a delivery fee will be charged based on your location and the value of your order (see menus for minimum order values). Saturday delivery is from 9:00AM to 1:00PM and a $25 delivery fee will be charged for all deliveries within this window. Deliveries made outside of these times will attract a delivery fee, you will be advised when you place your order.

 

Terms & Conditions

 

1. Scope of Terms & Conditions

1.1. Within this document of terms and conditions any context where "Supplier" is mentioned refers to any provider of products or services using the Company as its billing and collection agent.
1.2. Within this document of terms and conditions any context where "The Company" is mentioned refers Vanilla Blue Pty Ltd.
1.3. Within this document of terms and conditions any context where "The Customer" or "Customer" is mentioned refers to registered users, account holders and businesses or charities registered with Vanilla Blue for the purpose of using Vanilla Blue's services.

 

2. Customer's Obligation to Pay

2.1. By Registering with Vanilla Blue The Customer agrees that they also register their place of employment. As such their place of employment be it a business or charity will be responsible for payment of any orders placed with Vanilla Blue.
2.1.1. Exceptions occur where The Customer is registering as a private user, in which case all personal orders or private sales from Vanilla Blue to an individual require upfront payment by means of credit card or personal cheque. Services will not be provided until funds have cleared our account.
2.2. The Customer undertakes to pay to the Company all amounts in the Statement of Account within 7 days of the date of issue of the Statement of Account. Statements are posted to your chosen billing address the first week of each month.
2.3. "Late Payments", payments not received within 30 days from the date on invoice will incur a 2% monthly account keeping and administration fee.

 

 

3. Accepted Payment Methods

3.1. Customer payments shall be effected by way of cheque; electronic funds transfer or our secure online credit card merchant facility.
3.2. The Customer's business account will be credited from the date a payment is received by the Company, other than in the instance when a cheque is used as the method of payment.
3.3. Where the Customer pays by cheque the Customer's business account will be credited by the amount of a cheque payment when the cheque is cleared.
3.4. Vanilla Blue accepts all major credit cards. Credit card payments will incur a merchant bank fee. American Express, Visa & MasterCard incur 2.50% excluding GST merchant bank fee. Diners Club cards incur 3.5% excluding GST merchant bank fee.
3.5. A deposit may be required on certain orders. Invoices are sent via your email address unless otherwise requested.

 

 

4. Customer Business Account Liability

4.1. The Customer acknowledges that it shall be solely responsible for and bear all risk associated with the Customer's business account including implementing and maintaining a system of password protection. Should any misuse or unauthorised use of the Customer's business account occur the Customer agrees to indemnify the Company against any loss, expense or claim thereby arising.

 

 

5. Limitation of Liability and Disclaimer

5.1. To the extent permitted by law, the Company will have no responsibility or liability for:
5.1.1. Any refusal by a Supplier or any other person to supply the product the Customer seeks to purchase using the Customer's business account, regardless of the reason for that refusal;
5.1.2. Any deficiency or defect in the product purchased by the Customer using the Customer's business account including any deficiency in the product's fitness for purpose or merchantability;
5.1.3. Any claims or damages including but not limited to claims relating to the use or misuse of the Customer's business account or the direct debiting of the Customer's bank account.

 

 

6. Risk in Product

6.1. Products purchased by the Customer from the Supplier will be at the Customer's risk upon delivery to the Customer or such place as specified by the Customer or into the Customer's custody (whichever occurs first).

 

 

7. Customer Information and Credit Checks

7.1. The Customer hereby agrees that the Company may seek such consumer information (section 18k(1)(b) and (h), Privacy Act 1988) and trade references (section 18N(1)(b) Privacy Act 1988) as the Company considers either relevant or necessary for the purpose of assessing the Customer's business account application.
7.2. The Customer agrees to the Company obtaining from an account-reporting agency an account report containing accounts information about the Customer.
7.3. The Customer further agrees that the Company may give to and seek from any account providers named in this business account application information about the Customer's account arrangements. The Customer understands that this information may include any information about its account worthiness, account standing, account history or account capacity that account providers are allowed to give to or receive from each other under the Privacy Act.

 

 

8. Change in Circumstances

8.1. The Customer undertakes to notify the Company promptly of any change in the Customer's name, address, email, fax or telephone number or any significant change or deterioration in the Customer's financial position (including, but not limited to, any significant increase in the Customer's overall indebtedness) and of the occurrence of any default event as described in clause 5.

 

 

9. Order Terms

9.1. Confirmation of Your Booking
An email of your order represents a confirmation of your order, unless the email states that it is a quote. The order will be delivered and prepared as per the details on you email. Please note that your order will arrive within a window of your desired delivery time. IMPORTANT: It is your responsibility to review the details of your order and notify Vanilla Blue of any omissions or corrections. Your invoice will reflect the items and prices outlined within this confirmation.

9.2. Order Cancellation
Vanilla Blue will accept cancellation of orders up until 3 days prior to the event. Orders cancelled after this time may incur cancellation charges. Orders of a value of less than $500 cancelled prior to PM the day before the event will be accepted without a charge. Orders of a value greater than $500 cancelled after 3:00PM the day prior to the event will attract a 50% cancellation fee.  Orders cancelled on the day of delivery will be charged at a 100% of the total invoice amount.

During the Christmas Season and Melbourne Cup, cancellation of orders will incur a 20% cancellation fee, and a 100% cancellation fee if cancelled less than 2 days prior to the event.

9.3. Platter and Hot box/bag Collection
Vanilla Blue will collect their platters and hot box/bag after the function. Please ensure they are cleaned and placed in a safe location so that the platters can be retrieved. Lost or broken platters and hot box/bag by will be charged to you at their replacement value, unless they are disposable. 

9.4. Pricing Information
Please note all menu prices exclude GST. The 10% Goods & Services Tax is added to those items that incur GST at time of purchase. Vanilla Blue will strive to maintain their prices over the life of our most current catalogue. However, we reserve the right to alter prices without notice.

9.5 Adjustments to your orders post delivery
In the event your order was missing any items please notify Vanilla Blue within 48 hours of the delivery and we will adjust your invoice. We cannot guarantee an invoice will adjusted if we are notified of an ommission more than 48 hours after the delivery.

 

 

10. Other

10.1. The terms and conditions contained herein constitute the entire agreement between the parties and no amendment or variation shall be of any force and effect unless in writing and signed by both the Company and the Customer.
10.2. The Customer acknowledges that no representations have been made by the Company or on its behalf, which have induced the Customer to enter into this agreement.
10.3. The Customer acknowledges that it may not assign any of it's rights or interests arising under or pursuant to this agreement to a third party other than with the prior written consent of the Company.
10.4. The Customer acknowledges that the amount shown on the customer order confirmation/invoice provided to the Customer at the time of purchase is sufficient evidence of the purchase.
10.5. The Customer acknowledges that the Company may terminate this Agreement, close the Customer's business account, and require immediate payment in full of the outstanding balance on the Customer's business account where:
10.6. The Customer fails to pay the amount specified in the Statement of Account by the due date for payment as specified in the Statement of Account.
10.7. The Customer breaches any of the terms of this agreement or of any other contract between the Customer and the Company;
10.8. The Company in it's absolute discretion considers that there has been a material adverse change in the Customers financial circumstances;
10.9. The Customer, not being a company either dies, ceases to be of full legal capacity or, if a partnership, is dissolved; or If the Customer is a company: (i) stops or suspends or threatens to stop or suspend payment as provided for under this agreement; (ii) is insolvent within the meaning of Section 95(a) of the Corporations Law; (iii) a court is required by reason of Section 459(2) to presume that the Customer is insolvent; (iv) an administrator is appointed over all or any of its assets of any of the Customer or an undertaking or any steps preliminary to the appointment of an administrator is taken to the Customer; (v) a controller within the meaning of Section 9 of the Corporations Law or a similar officer is appointed to all or any of the assets or undertakings of the Customers; or (vi) an order is made or a resolution is passed for the Customer's winding up or dissolution or for it to enter an arrangement, comprise or composition with or assignment for the benefit of its creditors, a class of them or any of them.