TERMS AND CONDITIONS – DIRECT SALE TO CUSTOMER

 

  1. Introduction

1.1 In these terms and conditions “we”, “us”, “our” and “B&B” refers to Bubba & Bean, and “you” and “consumer” refers to the purchaser of any B&B products through this website.

1.2 By accessing and using the B&B website to purchase products from us you accept and agree to be bound by these terms and accordingly you should review them carefully and regularly. If you do not accept these terms you must not access or use the B&B website to purchase products from us.

1.3 We reserve the right to regularly review and amend these terms; you should review them regularly and proceeding with an order represents your agreement to be bound by these terms as amended.

1.4 B&B welcomes feedback on its product range at hello@bubbaandbean.com.au.

 

  1. Ordering

2.1 Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website you acknowledge you are over 18 years of age.

2.2 All product prices and freight costs are listed on our webpage in Australian Dollars (AUD). We reserve the right to amend our prices at any time.

2.3 We accept payment by valid credit or debit card. You must be the card holder or have permission from the card holder to complete a purchase transaction through our website.

 

  1. B&B Home Delivery and Delivery to Consumer Collection Points

3.1 B&B products are transported in approved esky boxes for delivery. We require you to be home to receive the product during the specified delivery window, as confirmed at your time of order. If you are not able to be home, you must let us know ASAP to that alternative arrangements can be made if possible, and at our discretion.

3.2 It is your responsibility to ensure you are home during the allocated time of product delivery. If you are not home, B&B may leave your product at the specified address, however we will take no responsibility for loss or theft. Furthermore, we take no responsibility for maintaining the temperature of the product. If our products have started to defrost by the time you get to them, we recommend they not be consumed, and we will take no responsibility for product perishing.

3.3 As an alternative option, B&B products may be delivered to a B&B specified Consumer Collection Point for collection. Once products have been delivered here, you must arrive within the allocated timeframe with an esky to transport the products home. We take no responsibility for maintaining the temperature of the product at the Consumer Collection Point or for during transport in your own vehicle. If B&B products have started to defrost before storing in your freezer, we recommend they not be consumed.

3.4 It is your responsibility to collect your purchased B&B product from the Consumer Collection Point at the time specified by us. Failure to collect your product in the given window will result in return to the B&B warehouse and additional repeat delivery fees may be charged.

 

  1. Product Handling

4.1 We provide our products frozen and transported within a temperature controlled environment. Upon receipt of the product, you must store it in a freezer of minus 20 degrees Celsius or below immediately for food safety reasons.

4.2 B&B products have an up to 6 month expiry date as stated on the bag (if kept appropriately frozen) as we do not pasteurize and do not use any preservatives or additives in our products.

4.3 Re-heating instructions must be followed closely. We recommend that all B&B products be re-heated on the stove or in a microwave to ensure rapid re-heating of food occurs to a temperature of 60 degrees Celsius or hotter.

4.4 B&B accepts no responsibility for products that are not stored as instructed or re-heated according to B&B instructions prior to consumption.

 

  1. Product and ingredient quality

5.1 We handmake all our products and endeavour to ensure they are of the highest quality. While we aim to use 100% organic, Australian ingredients and produce, due to occasional issues out of our control, such as weather or logistics, some produce may not be available. B&B reserves the right to substitute where necessary with conventional produce, and will take the utmost care to source the best quality options, with minimal chemical and pesticide exposure.

5.2 Where using third party suppliers, we aim to verify all product information however rely on information provided to us, so we do not accept liability for errors or inaccuracies supplied by such information.

 

  1. Refunds

6.1 B&B may offer a refund, credit note or replacement product in certain circumstances if the fault is deemed to be on our end. This will be assessed on a case by case basis.

6.2 Due to circumstances beyond our control (i.e. bad weather, vehicle breakdowns, unforeseen events) the delivery of our products may not occur. In these circumstances, we ask that you

notify us immediately so we can find a solution and rectify the issue.

6.3 If you do not notify us of any delivery issues within 6 hours of scheduled delivery, we may not be able to give you an appropriate replacement or refund where possible.

 

  1. Cancellation

If you wish to cancel or amend an order, you must notify us by phone immediately. After the order cutoff time, amendments or cancellations may not be possible, and the full fee may still be charged.

 

  1. Disclaimer

8.1 B&B meals are designed by our certified Nutritionist and cooked by hand by mums. We recommend that parents consider their baby’s nutritional needs and consult with their medical practitioner and/or Maternal and Child Health Nurse prior to ordering or consuming any products. B&B meals should not make up the entirety of a baby’s diet, and breastmilk/formula/other solid foods must be fed as recommended by your primary healthcare practitioner.

8.2 B&B do not take responsibility for any allergic reactions or food intolerances. It is up to the parent to test individual foods and ingredients on their babies before feeding multi-ingredient meals. As stated, B&B products are made in a shared facility and cross contamination with allergens may occur.

8.3 B&B does not cater for any medical conditions, food intolerances, allergies or special dietary requirements. Please note that all products are prepared in a shared commercial kitchen and may contain traces of nuts, tree products, gluten, milk, eggs, other dairy products, seafood, etc. B&B cannot guarantee a total absence of any of such items in our products.

8.4 B&B will not be liable for any adverse reactions to food consumed, or ingredients you may come in contact with while consuming or handling any of our products.

 

  1. Indemnity

9.1 By accessing our website, you agree to indemnity B&B and hold B&B harmless from all claims, actions, damages, loss, costs and expenses including legal fees arising from or in connection with your use of our website, and whether any such loss arises from B&B’s breach of any contract or implied contract, negligence or other tort or wilful act.

 

  1. Privacy

10.1 We undertake to take all due care with any information which you may provide to us when accessing our website and ordering from us. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk and we are not liable for its misuse due to error in transmission or virus or malware, although we undertake to take reasonable steps to preserve such information in a secure manner.

10.2 Our compliance with privacy legislation is set out in our separate Privacy Policy.

 

  1. General

11.1 To the extent that any part of these terms are invalid, unenforceable, illegal, void or voidable for any reason, then these terms will be construed and binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty.

11.2 Our waiver of any breach or a failure to enforce or to insist on the observance of a condition of these terms will not be a waiver of any other or of any subsequent breach.

11.3 We will not be responsible or liable for failure to perform any obligation under these terms if such failure is caused by the occurrence of any matter beyond its reasonable control including, without limitation, industrial disputes, internet and communications outages, fire, flood, war,

explosion, accident or other.

11.4 These terms are governed and construed in accordance with the laws of Commonwealth of Australia, and you irrevocably submit to the jurisdiction of the courts of that State and of the Commonwealth of Australia.

 

 

TERMS AND CONDITIONS – WHOLESALE TO STOCKISTS

 

  1. Introduction

1.1 In these terms and conditions “we”, “us”, “our” and “B&B” refers to Bubba & Bean, and “you” and “customer” or “you” refers to the wholesale customer, retail outlet or stockist that purchases and stocks Bubba & Bean product for onsale to retail customers.

1.2 By placing an order online or via the wholesale form you accept and agree to be bound by these terms and accordingly you should review them carefully and regularly. We reserve the right to amend these terms; you should review them regularly and proceeding with an order represents your agreement to be bound by these terms as amended.

1.3 B&B welcomes feedback on its product range at hello@bubbaandbean.com.au.

 

  1. Ordering

2.1 You must use the B&B website or wholesale form to process your order, by the allocated cutoff time. If you do not receive a confirmation letter, it is your responsibility to follow up if the order has been received.

2.2 Payment is required by credit card upfront for an order to be valid and processed. Accounts may be set up for regular customers with 14 day payment terms, this is to be discussed and organised with us directly and is assessed on a case by case basis.

2.3 All product prices and freight costs are listed on our webpage in Australian Dollars (AUD). We reserve the right to amend our prices at any time.

2.4 We accept payment by valid credit or debit card. You must be the card holder or have permission from the card holder to complete a purchase transaction through our website.

 

  1. Delivery

3.1 B&B products are transported in B&B approved esky boxes for delivery during opening hours. Please ensure our drivers have unrestricted and safe access to the premises. Inability to do a safe drop-off will result in return of the product to headquarters and may result in additional delivery fees.

3.2 Once the product is delivered to your premises, it is your responsibility to ensure adequate storage and temperature control. We take no responsibility for temperature related spoilage of the product once it has entered your premises.

 

  1. Product Display

4.1 B&B products are to be displayed visibly, neatly and proudly in your freezer (below -20 degrees celcius), to ensure good exposure to customers. Our products have been made with great care and love, so we appreciate the respectful handling and display of our products in return.

4.2 We are happy to come in and train your staff on B&B products so as to better relay information and sell to your customers. We can also organise in-store tastings to increase awareness and sales.

 

  1. Product Handling

4.1 We provide our products frozen and transported within a temperature controlled environment. Upon receipt of the product, you must store it in a freezer of minus 20 degrees Celsius or below immediately for food safety reasons. It is your responsibility to follow your own, updated food safety standards to ensure ongoing food safety of the product.

4.2 B&B products have a 3 month expiry date (if kept appropriately frozen) as we do pasteurize and do not use any preservatives or additives in our products.

4.3 When selling to the customer, we recommend you inform them of the re-heating instructions. We recommend that all B&B products be re-heated on the stove or in a microwave to ensure rapid re-heating of food occurs to a temperature of 60 degrees Celsius or hotter, then cooled before serving immediately.

4.4 B&B accepts no responsibility for products that are not stored as instructed or re-heated according to B&B instructions prior to consumption.

 

  1. Product and ingredient quality

5.1 We handmake all our products and endeavour to ensure they are of the highest quality. While we aim to use 100% organic, Australian ingredients and produce, due to occasional issues out of our control, such as weather or logistics, some produce may not be available. B&B reserves the right to substitute where necessary with conventional produce, and will take the utmost care to source the best quality options, with minimal chemical and pesticide exposure.

5.2 Where using third party suppliers, we aim to verify all product information however rely on information provided to us, so we do not accept liability for errors or inaccuracies supplied by such information.

 

  1. Refunds

6.1 B&B does not offer refunds to wholesale customers. We may offer a credit note or product replacement in certain circumstances if the fault is deemed to be on our end. This will be assessed on a case by case basis.

6.2 Due to circumstances beyond our control (i.e. bad weather, vehicle breakdowns, unforeseen events) the delivery of our products may not occur. In these circumstances, we ask that you notify us immediately so we can find a solution and rectify the issue.

6.3 If you do not notify us of any delivery issues within 6 hours of scheduled delivery, we may not be able to give you an appropriate replacement where possible.

 

  1. Cancellation

7.1 If you wish to cancel or amend an order, you must notify us by phone immediately. After the order cutoff time, amendments or cancellations are not be possible, and the full fee may still be charged.

 

  1. Disclaimer

8.1 B&B meals are designed by our certified Nutritionist and cooked by hand by mums. We recommend that parents consider their baby’s nutritional needs and consult with their medical practitioner and/or Maternal and Child Health Nurse prior to ordering or consuming any products. B&B meals should not make up the entirety of a baby’s diet, and breastmilk/formula/other solid foods must be fed as recommended by your primary healthcare practitioner.

8.2 B&B do not take responsibility for any allergic reactions or food intolerances. It is up to the parent to test individual foods and ingredients on their babies before feeding multi-ingredient meals. As stated, B&B products are made in a shared facility and cross contamination with allergens may occur.

8.3 B&B does not cater for any medical conditions, food intolerances, allergies or special dietary requirements. Please note that all products are prepared in a shared commercial kitchen and may contain traces of nuts, tree products, gluten, milk, eggs, other dairy products, seafood, etc. B&B cannot guarantee a total absence of any of such items in our products.

8.4 B&B will not be liable for any adverse reactions to food consumed, or ingredients you may come in contact with while consuming or handling any of our products.

 

  1. Indemnity

9.1 By accessing our website, you agree to indemnity B&B and hold B&B harmless from all claims, actions, damages, loss, costs and expenses including legal fees arising from or in connection with your use of our website, and whether any such loss arises from B&B’s breach of any contract or implied contract, negligence or other tort or wilful act.

 

  1. Privacy

10.1 We undertake to take all due care with any information which you may provide to us when accessing our website and ordering from us. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk and we are not liable for its misuse due to error in transmission or virus or malware, although we undertake to take reasonable steps to preserve such information in a secure manner.

10.2 Our compliance with privacy legislation is set out in our separate Privacy Policy below.

 

  1. General

11.1 To the extent that any part of these terms are invalid, unenforceable, illegal, void or voidable for any reason, then these terms will be construed and binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty.

11.2 Our waiver of any breach or a failure to enforce or to insist on the observance of a condition of these terms will not be a waiver of any other or of any subsequent breach.

11.3 We will not be responsible or liable for failure to perform any obligation under these terms if such failure is caused by the occurrence of any matter beyond its reasonable control including, without limitation, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or other.

11.4 These terms are governed and construed in accordance with the laws of Commonwealth of Australia, and you irrevocably submit to the jurisdiction of the courts of that State and of the Commonwealth of Australia.