Terms & Conditions

  1. These are the terms and conditions on which 20ten Pty Ltd ACN 610 345 956 trading as Chef’s Palate (”Chef’s Palate”, “we” or “us”) will supply to you our products (“Products”) as listed on our website www.chefspalate.com.au and www.chefspalate.com.
  2. By making use of our website (or any other site, web-services, software, application or media managed by us) or ordering any of our Products, you agree to be bound by these terms and conditions.
  1. Our website is only intended for use by people residing in Australia.
  2. In making our online ordering system available for use, we:
    1. do not guarantee that the website and online ordering system will be error-free or that any errors will be corrected;
    2. do not guarantee that the website or online ordering system will be free from viruses or other harmful components; and
    3. reserve the right to alter the agreed price if an incorrect price has been caused by a software fault, error or malicious attack.
  3. Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
  1. By placing an order through our website, you warrant that:
    1. you are legally capable of entering into a binding contract;
    2. you are aged 18 years or above; and
    3. you are present in Australia.
  1. All orders are subject to acceptance by us. We will confirm such acceptance to you by sending you a confirmation email. The contract between us (“Contract”) will only be formed when we send you the confirmation email.
  2. Subscription cancellation and adjustment requests must be received by us through one of the methods including phone, email, chat, online and app based online account management. Deadlines for communication vary for different States and Territories of Australia.
  3. By subscribing to the website, you agree to pay recurring periodic subscriptions for an indefinite time until cancelled by you or us, as laid out in these terms. Payments for ongoing orders are taken up to seven days before the commencement of the order cycle. Once the order is placed, the credit card on file is charged at any time up to each Wednesday 9:00pm and it is your responsibility to ensure that sufficient funds are available at the time of payment processing. You can cancel or change your subscription at any time before the cut off period. The cut off period to cancel or edit your order is seven full days prior to delivery. For example, if the first delivery of your order cycle is a Sunday, then your cancellation or changes must be made by 9:00pm on Wednesday of the week prior.
  4. You will not be charged for any cancellation prior to the cut off, but cancellation of an order after the cut off time will result in a full charge. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
  5. You can cancel or change your subscription by logging in to the customer portal.
  6. We reserve the right at our absolute discretion at any time and without prior notice to refuse delivery, terminate service, cancel your subscription or cancel your order(s) without giving any reasons for our decision.
  7. As part of your subscription to our website, it is your obligation to select which Products you would like for the next order. If you fail to make a selection, we will select the Products for you. If we cannot provide you with the Products which you have ordered, we will use our best endeavours to contact you so that you can select an alternative Product. If we are unable to make contact with you, we reserve the right to substitute your meal choice for an alternative or not deliver to you.
  1. We may offer gift cards, discount codes, discount promotions and other types of vouchers (“Voucher”) to be applied towards the purchase of our Products. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these terms and conditions shall become applicable as between us and you when you redeem the Voucher by purchasing our Products.
  2. Except with our prior written approval, any Voucher may only be used once by you and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system. Vouchers can only be applied once per household and only one Voucher can be applied per order.
  3. Vouchers may have an expiry date beyond which they can no longer be used and we reserve the right at our absolute discretion to withdraw or cancel any Voucher (other than a paid-up gift card) for any reason at any time.
  4. Vouchers may only be redeemed through our website. To use your Voucher, enter its unique code at the online checkout. Use of such a code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher.
  5. Any discounts attached to Vouchers apply to the price of our Products only and not to delivery charges (if any), which will be chargeable at normal rates.
  6. We reserve the right to exclude the use of Vouchers towards the purchase of certain specified products. We may also apply maximum limits to the value of Vouchers and the maximum discount which can be achieved through use of a Voucher.
  7. Vouchers cannot be exchanged or refunded for cash. If a Voucher expires, no credit or change will be given for any unused portion of the Voucher. We do not accept liability for any Voucher which is lost, stolen or damaged.
  1. Your order will be fulfilled by the delivery date set out in the confirmation email or customer portal, unless there are exceptional circumstances.
  2. We deliver to your residential address. We will only deliver to commercial, industrial or other non-residential properties when prior approval is sought in writing from us, but we reserve the right at our absolute discretion to reject such requests.
  3. We may require the person accepting delivery of the Products to provide us with proof of that person’s identity (including photographic identification) and, where relevant, age.
  4. In using our delivery service you:
    1. certify that the address given is genuine and accurate, and that drop locations are under cover and easily accessible by our drivers between the hours of 0700 and 1900;
    2. acknowledge that if your property is inaccessible by our drivers, or no special delivery instructions are left, you may be charged an additional delivery fee for a repeated delivery attempt; and
  5. acknowledge that we reserve the right to charge a fee per week for our delivery service of any Product.
  6. We will aim to deliver during the time frame that you select. However, if an event occurs that is beyond our control, then we may not be able to do so and will not be liable to you or any other person for any such delay. In this situation, we will endeavour to provide you with notice of the delay as soon as reasonably possible.
  1. The Products will be at your risk from the time of delivery.
  2. 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 (if any).
  3. You are responsible for opening and inspecting the Products upon delivery and then storing them correctly (for example, in the fridge or freezer). You are also responsible for the preparation and cooking of our Products. We accept no liability for any loss, damage or injury arising as a result of your incorrect storage, preparation or cooking of our Products.
  1. You are responsible for checking our packaging and website to ensure that a Product does not contain any ingredient which may cause you to experience an allergy or other adverse reaction. If you are not sure, please contact us on 02 9807 2897 or enquiries@chefsplate.com
  2. The packaging for our Products is labelled to show standard allergen advice, but please note that our Products may contain allergens including cereals containing gluten (wheat, rye, barley and oats), crustaceans, eggs, fish, peanuts, soybeans, milk, lactose, nuts, celery, mustard, sesame, sulphur dioxide and sulphites, lupin and molluscs. All Products are packed in a facility that handles nuts. If you suffer from severe allergic reactions or other adverse reactions to food, you should contact us before placing an order.
  1. The price of our Products and our delivery charges are as quoted on our website from time to time, except in cases of obvious error.
  2. Product prices and delivery charges are inclusive of GST.
  3. We may change Product prices and delivery charges at any time, but changes will not affect orders in respect of which we have already sent you a confirmation email.
  4. Payment for all Products must be by credit card, debit card or any other payment method listed on the checkout part of our website.
  1. If you are unhappy with our Product for a reason which is within our control, such as:
    1. the box was missing ingredients;
    2. the box was damaged; or
    3. the box did not arrive,

then we will offer a refund if it can be shown that the Product which you purchased was not provided as it should have been. Depending on the circumstances, we may, in our sole discretion, provide a full or partial refund of the purchase price, or provide you with a discount to be applied to future orders. To qualify for a refund, you must contact us in writing within three days of the relevant delivery.

  1. We warrant to you that any Product purchased from us through our website will, on delivery:
    1. conform with its description;
    2. be of satisfactory quality or better; and
    3. be reasonably fit for all the purposes for which products of that kind are commonly supplied.
  1. Subject to clause 12.2, if we fail to comply with these terms and conditions, to the maximum extent permitted by law, we will only be liable to repay to you the purchase price of the Products.
  2. Nothing in these terms and conditions excludes or limits our liability for:
    1. death or personal injury caused by our negligence;
    2. fraud or fraudulent misrepresentation;
    3. any breach of the obligations implied by the Competition and Consumer Act 2010 (Cth) or any other applicable legislation; or
  3. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
  1. You agree to defend, indemnify and hold harmless Chef’s Palate, affiliates, and the officers, directors, employees and agents of these entities, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:
      1. your use of and access to the website and services;
      2. your violation of any term of these terms and conditions; and
      3. your violation of any third party right, including without limitation any copyright, property, or privacy right.
  1. In using our online ordering service you:
      1. acknowledge that all online orders are treated as an express intention to purchase the nominated goods or services for the agreed online prices; and
      2. indemnify us from all claims relating to a failure of the online ordering system.
  1. Our website may include content or links submitted by or linking to third parties or third party websites. You agree to relieve us from any liability whatsoever arising from your use of information from such a third party or your use of any third-party website.
  1. If you wish to raise a dispute with us, you must submit the details to us in writing to enquiries@chefspalate.com.
  1. All notices which you give to us must be sent to Chef’s Palate at enquiries@chefspalate.com. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any other manner permitted by applicable laws.
  2. Notice will be deemed received and properly served:
    1. immediately when posted on the website;
    2. 24 hours after an email is sent; or
    3. three days after the date any letter is posted.
  3. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email, that the email was sent to the specified email address of the addressee.
  1. Any Contract between you and us is binding on you and us and on our respective successors and assignees.
  2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
  3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
  1. We own or are the licensee of all intellectual property rights present in our website, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
  2. You must not use any part of our copyright materials for commercial purposes without first obtaining a license to do so from our licensors and us.
  3. If you post comments regarding the Products to any website, blog or social media network (“Commentary”) you must ensure that such Commentary represents your fairly held opinions. By ordering our Products you irrevocably authorise us to quote from your Commentary on our website and in any advertising or social media outlets which we may create or contribute to.
  1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract where that failure or delay is caused by events outside of our reasonable control (“Force Majeure Event”).
  2. A Force Majeure Event includes any act, event, accident or omission beyond our reasonable control and includes in particular (without limitation) the following:
    1. industrial action;
    2. civil commotion, riot, terrorist attack or threat of terrorist attack, war or threat or preparation for war;
    3. fire, explosion, storm, flood, earthquake, subsidence, epidemic, meteor impact or other natural disaster;
    4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
    5. impossibility of the use of public or private telecommunications networks; and
    6. the acts, decrees, legislation, regulations or restrictions of any government or governmental authority.
  3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring an end to the Force Majeure Event or to find a solution by which our obligations under the Contract may be performed despite the prevailing Force Majeure Event.
  1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of any such rights or remedies and will not relieve you from the requirement to comply with such obligations.
  2. A waiver by us in relation to any default on your part will not constitute a waiver of any subsequent default.
  3. A waiver by us of any of these terms and conditions will only be effective if it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
  1. If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid and enforceable to the fullest extent permitted by law.
  1. These terms and conditions constitute the whole agreement between us and supersede all previous communication between us relating to the subject matter of any Contract.
  2. We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions, to the maximum extent permitted by law.
  3. To the maximum extent permitted by law, we each agree that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
  4. Nothing in this clause shall be taken to limit or exclude any liability for fraud.
  1. We have the right to revise and amend these terms and conditions and will exercise that right from time to time.
  2. You will be subject to the terms and conditions in force at the time that you order Products from us, unless any change to these terms and conditions is required by law to be made retrospectively, or if we notify you of the change to these terms and conditions before we send to you the confirmation email (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within five days of receipt by you of the confirmation email).
  3. If you do not agree with these terms and conditions, do not use our website or order Products from us.
  1. The laws applicable in New South Wales govern these terms and conditions.
  2. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
  1. We are offering a money back taste guarantee (“Guarantee”) to purchasers of a Qualifying Product (as defined below). The Guarantee is subject to the below terms and conditions.
  2. The Guarantee is open to purchasers of a Qualifying Product who are residents of Australia aged 18 and over.
  3. This Guarantee applies to each meal-kit contained in your first box you receive from us (“Qualifying Product”). It entitles you to claim a refund of the purchase price of a Qualifying Product if you are not fully satisfied with the taste. This Guarantee is available to only one Qualifying Product per household.
  4. To apply for a full refund, please return the meal recipe of the Qualifying Product and the email confirmation of your purchase of the Qualifying Product (dated within the previous 14 days), your name and address, and a no greater than 15 word explanation of why you are not satisfied with the Qualifying Product.
  5. Returns should be sent FAO Chef’s Palate Taste Guarantee, 33 Nancarrow Ave, Ryde NSW 2112 within 14 days of purchase. Postage and packaging not included.
  6. Chef’s Palate will be allowed 28 days from the date that we accept the claim to make payment on your refund.