Terms & Conditions
Please read the following terms and conditions before you use our website at www.bills.com.au or buy anything on our website and check that they do not contain anything to which you are not willing to agree.
We may update these Ts&Cs from time to time without notice to you. Updated terms will not change the terms which apply to existing orders, but will apply to orders placed after the date of update.
Please note that these terms and conditions do not apply to any other website or app to which our website may direct you or on which we are represented (for example, reservation booking services made via third-party website or app or takeaway orders placed via a food delivery service). Please see the relevant website/app for the terms and conditions applying to any such orders.
1. These terms
These terms and conditions (these Ts&Cs) apply to your use of the Website and all orders placed by you for products offered for sale on the Website. Please read these Ts&Cs carefully before you use the Website or submit your order to us.
These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
Our website may direct you to other websites or apps, or we may have a presence on other websites/apps. In addition, we may use the services of third parties for the matters covered by our website. Examples of this are Uber Eats for food delivery services, OpenTable for reservation booking services and Leat and Shopify, which implements our voucher system. We make no warranties beyond those set out in these terms and conditions or as are established by law and nothing should be construed as a referral or an endorsement of any third party’s goods or services. If you choose to use a third party’s services, it will be solely at your own risk.
2. Information about us and how to contact us
Who we are. We are Bills Restaurants Pty Ltd, a company registered in Australia (ABN 87 732 875 164).
How to contact us. You can contact us by telephoning our customer service team at +61 293 609 631or by writing to us at info@bills.com.au.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
3. Our contract with you
Your order. A proposed order is an offer by you to purchase the products at the stated prices in accordance with these Terms. Acceptance of orders is at our sole discretion, and each order is only binding when we have confirmed our acceptance. Each order is a separate contact between us and you on these Ts&Cs.
How we will accept your order. Our acceptance of your order will take place when we email you telling you that your order has been accepted, at which point a contract will come into existence between you and us. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock or for another reason.
Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Our products
Products and packaging may vary. The images of the products on our website are for illustrative purposes only and your product may vary slightly from those images. Due to differences in monitors, the colour of products may appear different to that shown on screen. Please refer to the product description for details of the products. The packaging of the product may vary from that shown in images on our website.
Information on our website. Without being exhaustive, the information on our website regarding the products is intended to inform you of the essential characteristics of the products. Where applicable, this information primarily replicates the information provided to us by the supplier or producer of the products, which information may be modified from time to time. It does not replace the information featuring on the product packaging, which alone shall have legal force, notably in the event of any food intolerance.
Pricing on our website. We do our best to ensure information is kept up to date, but occasionally prices or other information or condition relating to our products may be incomplete or out of date. Prices listed on our website are subject to change from time to time without notice.
Use of products. You must use any products ordered from this website for your own personal use and may not resell any of our products, whether in part or in whole, to anyone else.
5. Changes to your order
Changes before your order is delivered. If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.Returns. Please refer to section 7 below.
6. Providing the products
Delivery costs. The costs of delivery will be as displayed to you on our website.
When we will provide the products. Delivery times vary based on stock availability and the delivery method chosen when you place your order. We will use reasonable efforts to deliver your order in line with the estimated delivery time period provided at the time of ordering.
We are not responsible for delays outside our control. If our supply of the products is delayed by your actions or by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
If you are not at home when the product is delivered. Under no circumstances will we be responsible for any deterioration in product quality due to the late receipt of a delivery caused by your absence or the absence of the person delegated to receive delivery. If you nominate, either during the order process or via the carrier’s tracking process, that the delivery driver has authority to leave the delivery without requiring a signature ('ATL’), the only confirmation of delivery will be that obtained from the delivery driver. We will not be responsible for replacing or refunding any items delivered with ATL but which are not received by you.
If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and you will not receive a refund.
When you become responsible for the products. The products will be your responsibility from the time we deliver the product to the address you gave us. As soon as the products are delivered by the carrier to the address stated in your order, you must check the condition of the products in the presence of the carrier and, in the event of any defect or missing items, write your reservations on the delivery note or refuse the products and notify us.
7. Your rights to end the contract
Consumer rights: If you are a consumer under the Australian Consumer Law (ACL), you have certain rights relating to your order/s. Nothing in these Ts&Cs [limits or excludes any rights you have as a consumer that cannot be lawfully limited or excluded.
Change of mind returns. For any dry, long-life products bought online you have the right to change your mind within 14 days and receive a refund. The products must be returned to us in their original packaging, unopened with seals intact and in its original condition. You do not have a right to change your mind in respect of any fresh or perishable products, which may be neither returned nor exchanged.
8. How to end the contract with us (including if you have changed your mind)
Tell us you want to end the contract. To end the contract with us, please let us know by calling customer services on +61 293 609 631 or emailing us at info@bills.com.au. Please provide your name, home address, details of the order and, where available, your phone number and email address.
Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at bills Darlinghurst, 433 Liverpool Street, Darlinghurst, NSW 2010 or (if we ask) allow us to collect them from you. If you are exercising your right to change your mind, you must send off the goods within 14 days of telling us you wish to end the contract.
When we will pay the costs of return. We will pay the costs of return:
- if the products have a problem (see section 9 below); or
- if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong;
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
Refund of delivery costs. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may reduce your refund of the price to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
9. If there is a problem with the product
How to tell us about a problem. If you have any questions or complaints about the product, please contact customer services on [insert] or email us at [insert]. We will assess the issue and provide a suitable remedy, which may include repair, replacement or refund, in accordance with Australian Consumer Law.
Information we may need from you. We may request reasonable information from you to investigate the problem, such as photos of the product and proof of purchase.
Your obligation to return rejected products. If you wish to exercise your legal rights under this section 9 to reject products, you must post them back to us at bills Darlinghurst, 433 Liverpool Street, NSW 2010 or (if we ask) allow us to collect them from you. We will pay the costs of postage or collection. The products must be returned with their original packaging.
Limitations. Notwithstanding the above, no return or replacement will be accepted after expiry of the expiration date stated on the product. Canned products must be stored in a cool and dry location. Perishable or semi-preserved products must be kept refrigerated at a temperature between 0°C and +4°C. We cannot guarantee the products will satisfy the particular taste preferences of any person consuming the products.
10. Price and payment
Where to find the price for the product. The price of the product (which is in Australian dollars and includes GST) will be the price indicated on the order pages when you placed your order.
When you must pay and how you must pay. You must pay or your order as part of your submission of the order on our website. Payment will be made via [Shopify] Payments or similar third party payment processor. We will only prepare your order once your bank or credit card company has approved the payment and [Shopify] Payments or similar third party payment processor has fully processed your payment. Should payment be refused for any reason, your order will be automatically cancelled and you will be notified.
Taxes and duties: If you are purchasing goods from a country other than Australia, the prices exclude any applicable customs duties and anyor other applicable taxes imposed by customs or other authorities in relation to your order. You acknowledge that you will be responsible for paying such taxes directly to the relevant authority, and for reclaiming them in the event you cancel your order or return your products, to the extent permitted in these terms and conditions.
11. Our liability to you
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Nothing in these Ts&Cs limits or excludes any liability which cannot legally be limited. This includes our liability under Australian Consumer Law, liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products.
Important exclusions. Subject to the paragraph above, to the extent permitted by law, our total liability to you in relation to each order shall not exceed the sales value of the order, and we shall have no liability to you under these Ts&Cs in connection with any: loss of profits, loss of sales or business, loss of agreements or contracts, indirect or consequential loss. This term survives termination of the contract between us along with any other term which by its nature should continue to apply.
We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. How we may use your personal information
How we may use your personal information. We collect personal information from you in order to supply you with our products. For details about the information we collect and how we manage your information, please refer to our Privacy Policy as set out in our Privacy Policy.
13. Rights in our intellectual property
You have no rights in our website intellectual property. We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
14. Other important terms
Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the laws of the State of New South Wales, Australia. The courts of New South Wales have non-exclusive jurisdiction in relation to the products.
Disputes. In the event of any dispute, please contact in the first instance customer services on +61 293 609 631 or by writing to us at info@bills.com.au.