Terms & Conditions

Russo Estate Pty Ltd - Website Terms & Conditions for
www.heatndine.com.au

GENERAL TERMS AND CONDITIONS USERS

PART 1 – INTRODUCTION 1. Introduction

1.1 Russo Estate Pty Ltd (ABN) 93165778914 (Russo Estate) operates an online ordering platform at a this website (Site) for users (you) to purchase pre-prepared refrigerated meals,food, beverages (including alcohol) and retail products (Products) which can be collected by or delivered to you. Site name Heat n Dine (Heat n Dine).

1.2 Russo Estate provides a platform known as Heat n Dine for the sale and delivery of Products. You contract directly with Russo Estate when ordering and purchasing Products.

1.3 This Site is only intended for use by people residing in Australia.

PART 2 – TERMS 2. Terms
2.1 You are required to comply with these terms and conditions and any Russo Estate policies

(Policies) (together, the Terms) to access or use the Site, platform, content, Products and Russo Estate’s Services.

2.2 You agree to the Terms when you access and use the Site. You may not access or use the Site if you do not agree.

2.3 The Terms that apply are those that are published at the time of your access or use of the Site. Russo Estate reserves all rights to alter the Terms from time to time and at its sole
discretion.

2.4 Before using this Site you are required to be aware of and comply with the Terms that apply at the time you use or access the Site.

2.5 Russo Estate reserves all rights, acting reasonably, to restrict, suspend or terminate you from accessing or using Heat n Dine’s Services, or any part of those services, at its sole discretion, immediately and without notice to you on the following grounds:

(a) You have or are likely to breach the Terms or Policies;

(b) You do not or are likely not to meet one or more of the requirements or conditions set out in the Terms or Policies;

(c) You do not or are
likely not to qualify under one or more of the requirements or conditions to use the Heat n Dine’s Services at law.

2.6 Otherwise Russo Estate reserves all rights, acting reasonably, to restrict, suspend or terminate you from accessing or using Heat n Dine’s Services, or any part of those services,at its sole discretion, by giving you written notice for any legitimate business, legal or regulatory reason.

PART 3 – RUSSO ESTATE’S SERVICES 3. Russo Estate’s Services

3.1 Russo Estate provides you access and use of the Site and online ordering platform to:

(a) Search for, order and pay for Products via Heat n Dine; and (b) arrange collection or delivery of Products from Russo Estate.

3.2 Russo Estate’s Services are for your personal, non-exclusive, non-commercial, non-transferable use.

3.3 Some of Russo Estate’s Services are only available for use by persons 18 years of age or
over, including ordering, purchase, collection or delivery of alcohol.
3.4 You must comply with Russo Estate’s Alcohol Policy in respect of the ordering,
purchase, collection or delivery of alcohol.
3.5 You agree to receive promotional emails, text messages or other communications in
connection with your use of Heat n Dine and Russo Estate’s Services.
PART 4 – ORDERING 4. Ordering
4.1 You are able to order Products from Heat n Dine site and or Russo Estate for collection or
delivery.
4.2 When you order Products, your order will be processed by Russo Estate for fulfilment.
4.3 Where your order is to be collected, you must collect your order from Russo Estate
directly at the days and times notified or at such other day and time as you agree. Any orders
that are not collected by you will remain available for your collection until such date the
order is determined as spoiled by Russo Estate in its sole discretion.
4.4 When your order is to be delivered, it will be allocated to the next available delivery day
in accordance with our cut off time of 4pm, unless you choose a future available date to
receive your order. No Deliveries Public Holidays
4.5 Orders will not be delivered on public holidays and delivery dates may be subject to
availability as next day delivery cannot be guaranteed.
4.6 If you order a Product that is unavailable at the time of collection or delivery to you,
Russo Estate will contact you to make alternate arrangements (suitable to you) or refund you
the price of the Product that is unavailable.
PART 5 – DELIVERIES 5. Deliveries
5.1 You are able to order Products from Russo Estate directly for collection or delivery
(delivery charges apply).

5.2 Russo Estate will endeavour to the best of its abilities to deliver your order the nest day
however due to unforseen circumstances that may not be possible. Russo Estate will contact
you and arrange an alternative delivery day.
5.3 Deliveries will be made by Russo Estate (or its External Provider/Agent), using
reasonable endeavours, to the address nominated by you. You agree that if you are not at the
nominated address at the time of delivery, the delivery will be left unattended at your
doorstop (subject to any reasonable directions from you with your order).
5.4 If your nominated delivery address is a secured gate or building you must provide us the
access code, instructions or such other means to enter (subject to any reasonable directions
from you with your order), otherwise the delivery (including non-delivery) will be at the
discretion of Russo Estate (or its deliver driver).
5.5 When you order and purchase alcohol, you will be asked at the point of collection or
delivery to provide proof of identity/age to lawfully collect or receive delivery. If you are not
at the nominated address at the time of delivery, any delivery of alcohol will not be left
unattended. Where your delivery includes alcohol and non-alcohol Products, the delivery
(including partial delivery or non-delivery of other non-alcohol Products) will be at the sole
discretion of Russo Estate (or its delivery driver).
5.6 Russo Estate determines, at its sole discretion, the locations to which Products can be
delivered. There is no guarantee that Russo Estate will deliver to your location or postcode. If
you order Products, such as pre-prepared meals or food requiring refrigeration (Refrigerated
Products), your order will be refrigerated to the point of delivery. Refrigerated Products will
be packaged in a Russo Estate Box Pack which includes a gel pack to maintain temperature to
the point of delivery.
5.7 Once the delivery has been made, you are responsible for ensuring any refrigerated
Products are promptly refrigerated and that the temperature of the Refrigerated Products are
maintained within safe levels. Russo Estate will not be responsible for any loss (including
theft) of delivered Products or their spoilage following delivery.
5.8 You acknowledge and accept that your use of the Russo Estate’s Services may require
Russo Estate to engage one or more external agents in order to deliver the Russo Estate
Services and you agree to Russo Estate’s use of external agents at its sole discretion. 5.9 The
Products will be at your risk at the time of delivery to you.
5.9 Ownership of the Products will only pass to you when we receive full payment of all
sums due in respect of the Products, including delivery charges.
PART 6 – YOUR OBLIGATIONS 6. Your Obligations
6.1 When accessing and using the Site to order and purchase Products, you warrant that: (a)
you are legally capable of entering into binding contracts; (b) you are at 18 years of age or
over (if you are ordering and purchasing alcohol); (c) you are the registered card holder or
you have express authority from the card holder when making payment for an order by credit
card; (d) you are the account owner, or you have express authority from the account owner
when making payment for an order by Paypal; (e) you are resident in Australia; and (f) you
are accessing the Site from Australia.

6.2 You agree to comply with all applicable laws and for lawful purposes when accessing or
using Russo Estate’s Services.
6.3 You may be asked to provide proof of identity/age to access or use Russo Estate’s
Services or to collect or receive delivery of Products (including alcohol). You acknowledge
that you may be denied access or use, collection or delivery if you refuse to provide proof of
identity/age upon request
6.4 Some of the Products available to purchase on the Heat n Dine Site or directly from
Russo Estate will not be suitable for persons with allergy and dietary requirements. You
acknowledge that it is your responsibility to determine what Products are suitable for you.
PART 7 –FEES AND PAYMENTS 7. Fees and Payments
7.1 The price of the Products and our delivery charges will be as quoted on the Site from time
to time, except in cases of obvious error.
7.2 All prices include GST (goods and services tax) and are quoted in Australian dollars.
7.3 We may change Product prices and delivery charges at any time, but changes will not
affect confirmed orders.
7.4 Payment for all Products must be by credit or debit card or Payal. Russo Estate accepts
payment with Visa and Mastercard. If goods are being picked up from Russo Estate cash
payments are also excepted by arangment.
7.5 Orders will be processed by Russo Estate for fulfilment once full payment has been
cleared. If the card payment is declined by your issuer for any reason, Russo Estate cannot
hold or allocate your order.
7.6 You will be provided a receipt (and, where requested, a tax invoice) in respect of
Products purchased from Russo Estate.
PART 8 – COMPLAINTS AND REFUNDS 8. Complaints and Refunds
8.1 You may make a complaint or request a refund directly to Russo Estate.
8.2 Russo Estate will manage requests for refunds in accordance with the Russo Estate
Refund Policy and the Australian Consumer Law.
8.3 If you have concerns with a Product purchased you should report the concern to Russo
Estate as soon as you become aware of any problem.
8.4 To the extent permitted by law, Russo Estate limits its liability, at the option of Russo
Estate, to the replacement or resupply of a purchased Product, or the payment of the cost of
replacement or resupply.
8.5 Russo Estate will not offer a refund or return where you change your mind in respect of
any purchase of a Product.

8.6 This Part is not intended to exclude, restrict or modify any of your consumer guarantee
rights under the Competition and Consumer Act 2010 (Cth) and corresponding provisions of
State or Territory legislation.