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Terms and Conditions
for Subscription Boxes

Summary

  • Subscriptions:
    • Three Mills Collective (by Three Mills Bakery Pty Ltd) is a subscription-based food delivery service. We will continue to provide you with an exclusive box of products each quarter and you will be charged in accordance with your subscription plan until you tell us not to.
    • You can pause or cancel your subscription at any time before the Cut-Off. There are no terms, no cancellation fee and no hidden costs.
    • The Cut-off times for your order can be found in our Delivery section. 
  • Refunds/returns:
    • You must notify Three Mills Bakery within 12 hours of delivery if you have received an incorrect order or there are missing parts. Please contact us on 02 5100 3265 or email us at baker@threemillsbakery.com.au to discuss your options.
    • Three Mills Bakery will remedy at our discretion through replacement, refund or coupon code. 
  • Delivery:
    • Our Delivery section informs you of the areas we deliver to. You must live in our delivery area to be eligible to place an order. 
    • We will deliver your order to you on the delivery day specified via email notification two weeks prior to delivery and will endeavour to get the delivery to you in the allocated delivery window.
    • You will receive notification via SMS that your order has been delivered. 
    • If you live in an apartment and the lobby cannot be accessed by our driver then your order will be taken back to our cafe at 5 Leeton Street, Fyshwick. You will be notified and have until 6pm to pick up your order, or within cafe opening hours the following day. We cannot guarantee the freshness of the product after this time.
    • Risk and title of the products will pass onto you once we have delivered to your nominated shipping address.
  • Customisation:
    • Three Mills Bakery subscription box is provided on an “as is” basis. We do not customise the content of the box under any circumstances.

Introduction

  1. In these Terms & Conditions (“T&Cs”), “we”, “our”, “us” or “Three Mills Bakery” means Three Mills Bakery Pty Ltd (ABN 55 611 250 296).

About Us

  1. Three Mills Collective (by Three Mills Bakery Pty Ltd) is a food delivery service. This page (together with any documents referred to on it) tells the customer (“you/your”) the T&Cs on which Three Mills Bakery will supply to you the products (“Product/s”) listed on our website www.threemillsbakery.com.au, via a subscription plan or non-recurring order (“Service/s”).

Acceptance

  1. The Products and Services are owned and operated by Three Mills Bakery.
  2. Your access and use of our products and service is conditional upon your acceptance and compliance with our T&Cs.
  3. You should read these T&Cs thoroughly before using our service.
  4. By accessing and using the Service, you agree to and are bound by these T&Cs and your use of the Service constitutes agreement to the T&Cs.

Capacity

  1. The Products available through our Service and their availability for sale are limited to individuals who can make legally binding contracts. The Products are not available to persons under the age of 18 years old and any other persons who are prohibited from entering into legally binding contracts.

Your Contract With Us

  1. After completing the subscription or order process on the website, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
  2. The contract will relate only to the Product or Service you have ordered or subscribed to. Each order placed through the website that we accept results in a separate binding agreement between you and us for the provision of that Product or Service. For each order accepted by us, we will provide the Product or Service in accordance with these T&Cs.
  3. The subscription plan consists of an initial charge upon completing the initial transaction on the website and then followed by recurring charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation.
  4. For subscription plans, you are agreeing to pay a recurring subscription for an indefinite period until cancelled by you or us.
  5. Subsequent recurring orders will be charged following the monthly cut-off times, which are outlined on our Delivery section (“the Cut-off Time”). Subsequent recurring orders will be charged without further authorisation from you, unless you have cancelled or otherwise modified your subscription or delivery preferences as outlined in these T&Cs.
  6. We will deliver the Services while your subscription is active or until you tell us not to. You can cancel at any time, and there is no charge for cancellation. There is no minimum term, and you can re-subscribe at any time following your cancellation.
  7. Subscription adjustments (suspensions, cancellations, order restarts, address and box type changes) can be made through your online customer login. Adjustments must be submitted before the Cut-off Time prior to your next delivery.
  8. Following any promotional subscription period, your Three Mills Collective (by Three Mills Bakery) subscription will be automatically extended for at the then-current non-promotional subscription rate.
  9. We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.

Cancellations

  1. At the point in time your order has been delivered to or collected by our postal or courier service, you will be liable for the full amount of your order.
  2. Subject to any non-excludable provisions of the Australian Consumer Law, any cancellation requests made after one hour of ordering may not be honoured. We will endeavour to action cancellation requests after this time, but we may not be able to do so in every instance.
  3. You may cancel a subscription plan at any time by electing to do so via your customer login. An upcoming order can only be cancelled prior to the Cut-off Time prior to your next delivery.
  4. If you cancel your subscription after the Cut-off Time for your order, you will still be sent a final order on the scheduled delivery date; your subscription will not be renewed after this period. Note, as there is production cost involved, Three Mills Bakery reserves the right to refuse any refunds for cancellations after the Cut-off Time and during the production stage of your order.

Change of Details

  1. You must promptly advise us of any changes to your information provided to us as part of the customer registration process or online check-out.
  2. It is your responsibility to inform Three Mills Bakery of any changes. Changes to address details and/or delivery instructions must be communicated before the Cut-off Time.
  3. Changes to payment details must be communicated at least 3 calendar days prior to the Cut-off Time. Three Mills Bakery will not be liable for any charges you incur from incorrect payment information. If Three Mills Bakery incurs an expense due to incorrect payment information provided by you, we reserve the right to seek reimbursement for such expense.

Pausing

  1. You may pause your subscription at any time via your customer login.
  2. Your request to pause must be received before the Cut-off Time to take place in the same month. Your subscription will automatically reactivate for the following month after a pause.

Returns and Refunds

  1. We do not give refunds if you simply change your mind, but we may be able to correct any errors in the order process prior to shipment.
  2. If the Products you receive are damaged, or are otherwise not as expected, please contact us within 12 hours of delivery on (02) 5100 3265 or email us at baker@threemillsbakery.com.au to discuss further options.
  3. Three Mills Bakery does not accept returns or refund Products that have been opened, used or damaged after delivery.

Refunds

  1. Three Mills Bakery adheres to strict quality controls. However, it is your responsibility to notify Three Mills Bakery if you have received an incorrect order or if parts are missing from the order within 12 hours of delivery by phone on 02 5100 3265 or email baker@threemillsbakery.com.au. For missing items, Three Mills Bakery will supply one of the following remedies at our discretion:
    1. replace the missing items on the next available delivery day;
    2. issue a refund using the same payment method used by you at checkout; or
    3. provide a coupon code to you to be used at a later time.
  2. Failure to notify Three Mills Bakery of any variances within the specified time will result in no refund, replacement or credit.
  3. We retain the right to deny a refund to the extent permitted under Australian Consumer Law.

Chargebacks

  1. We retain the right to seek reimbursement from you for our costs in responding to any investigation that results from a chargeback request initiated by you and that investigation finds the chargeback request was not valid.

Pricing and Taxes

  1. Prices displayed for the Products and Services are shown in Australian dollars and include goods and services tax (GST) (where applicable).
  2. From time to time, Three Mills Bakery may revise the pricing of its Products or Services. For subscription services, Three Mills Bakery will provide no less than 3 days’ notice before any price variation takes effect. After such time, Three Mills Bakery will apply the revised pricing for your subscription to your existing payment details. You do not need to do anything to accept the change of price. You are under no obligation to accept the price revision and may suspend or cancel your subscription at any time.
  3. Orders will be charged to your nominated payment method. It is your responsibility to ensure your accepted payment method details are valid and up to date. We accept Visa and MasterCard. It is your responsibility to ensure that sufficient funds are available at the time of payment process.
  4. If your payment fails, 5 total retry attempts will be made.
    1. 12 hours after the first failed attempt
    2. 12 hours after the second failed attempt
    3. 24 hours after the third failed attempt
    4. 48 hours after the fourth failed attempt
    5. 72 hours after the fifth failed attempt

    Should the fifth retry attempt fail, the order will be marked as failed and you will not receive that month’s box. Your subscription will automatically be reinstated for the next month.

Delivery

  1. We deliver to areas in ACT and NSW. Delivery charges are included in your subscription fee. You can get more information about our delivery regions in our Delivery section.
  2. We reserve the right to cancel or refund an order because it falls outside of our delivery areas. If an order is cancelled by Three Mills Bakery, a full refund will be provided to you.
  3. We will deliver your order to you on the delivery day specified and will endeavour to get your delivery to you in the allocated delivery window. 
  4. It is your obligation to enter the correct delivery address details at time of ordering in the “shipping address” fields. If you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense and may charge a fee for re-delivery.
  5. If you are not home at time of delivery, we will leave the order at the front door or in an area specified by you in the instructions when placing your order. Three Mills Bakery will endeavour to comply with these instructions to the extent reasonably within its control. You will receive notification via email and SMS that your order has been delivered. Three Mills Bakery will not be liable for any damage or spoilage to the product if left outside for extended periods of time, or if the box is damaged or stolen after delivery.
  6. If you live in a secured apartment complex, please ensure you are home to receive your delivery. If the lobby cannot be accessed by our driver then your order will be taken back to our cafe at 5 Leeton Street, Fyshwick. You will be notified and have until 6pm to pick up your order, or within cafe opening hours the following day. We cannot guarantee the freshness of the product after this time.
  7. Customers must notify Three Mills Bakery if they have received an incorrect delivery or if a Product is missing.
  8. Three Mills Bakery reserves the right to change the delivery schedule, delivery areas and the order cut off times without notice.

Acceptance or Rejection of an Order

  1. We reserve the right to accept or reject your order for any reason, including if the requested Product is not available, if there is an error in the price, or the Product description posted on the website or in your order is incorrect.
  2. If we reject an order placed through the website, we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
  3. You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, then we will contact you when you place the order or within a reasonable time after you submit your order.
  4. If we refuse an order on or prior to delivery but after the Cut-off Time, a full refund, less any discounts, will be made within 10 business days.

Warranty

  1. Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
  2. The consumer guarantees that apply to goods you purchase:
    1. Products will be of acceptable quality
    2. Products will be fit for a particular purpose
    3. Products will match their description
    4. Any express warranties will be honoured
    5. You will have title to the goods
  3. You acknowledge that the Products displayed on the website are indicative only and that the Products you receive may vary from those displayed according to seasonal availability. In particular, images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
  4. Our products are made to the highest possible standards. We always aim for precision, but please allow for reasonable discrepancies in the actual weight of the hand made Products, and reasonable variance in ingredient and nutrient quantities.

Vouchers and Gift Cards

  1. We may offer gift cards, discount promotions and other types of vouchers (Voucher). If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these T&Cs shall become applicable as between us and the holder of the Voucher (Holder) when the Holder redeems the Voucher by ordering a Product or Service to commence.
  2. To use your Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these T&Cs and any special conditions attached to the Voucher.
  3. Vouchers may only be redeemed through the website and not through any other website or method of communication.
  4. We reserve the right to withdraw or cancel any Voucher (other than a paid-up gift card) for any reason at any time.
  5. Vouchers may not be copied, reproduced, distributed, resold or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval. A Holder may only use a Voucher once.
  6. Any discounts attached to Vouchers apply to the price of the products or services ordered only. Delivery charges (where applicable) will not be discounted and will be charged at normal rates.
  7. Our customer referral program is designed to give customers a chance to recommend Three Mills Bakery to friends, families and colleagues. These vouchers are not valid if used inappropriately, such as being published on deal sites or bargain sites. Three Mills Bakery reserves the right to cancel any codes and delete credits from the sharer’s account.

Risk and Title

  1. We will retain title to the products you order until you have made payment in full.
  2. Risk of the Products will pass onto you upon delivery to or collection by a postal or courier service.

Disclaimer and Limitation of Liability

  1. The following paragraphs exclude or limit our liability for your use of our website. They all apply so far as the law permits.
  2. While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on our website, that information is provided in good faith and on an “as is” and “as available” basis and we do not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information.
  3. We do not represent or warrant that our site will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system.
  4. You must take your own precautions to ensure that the process which you employ for accessing our site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system.
  5. 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.
  6. The collection, use and disclosure of your personal information is also subject to our Privacy Policy.
  7. We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use our site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through our website.
  8. Prior to consuming any products from Three Mills Bakery it is important to note that we make a variety of Products in our facilities. We cannot guarantee any Products sold on our website are completely free from any allergen such as peanuts, sesame, soy, nuts, tree nuts, gluten, lupin and sulphites.
  9. If you have a serious allergy it is advisable you do not purchase Products from Three Mills Bakery as we cannot guarantee the complete absence of these ingredients from our Products.
  10. To the extent permitted by law, our total aggregate liability in connection with these T&Cs is limited, at our option, to:
    1. In the case of the supply of Products:
      1. replacement or resupply of the Products; or
      2. the cost of replacing or resupplying the Products;
    2. In the case of the supply of services:
      1. supplying the relevant Services again; or
      2. the cost of supplying the relevant Services again, and;
      3. in any event, will not exceed the fees paid by you to us under the relevant order.

Transfer of Rights and Obligations

  1. These T&Cs are binding on you and us and on our respective successors and assignees.
  2. You may not transfer, assign, charge or otherwise dispose of your rights or liabilities under these T&Cs, 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 any of our rights or obligations arising under these T&Cs, at any time without your prior consent.

Intellectual Property Rights

  1. We are the owner or the licensee of all intellectual property rights 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 may print off one copy, and may download extracts, of any pages from our website for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
  3. If you post comments on the products or services to any website, blog or social media network (Commentary) you must ensure that such commentary represents your fairly-held opinions. By subscribing to the services you irrevocably authorise us to quote from your commentary on our site and in any advertising or social media outlets which we may create or contribute to.

Events Outside Our Control

  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 that is caused by events outside our reasonable control (“Force Majeure Event”).
  2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
    1. strikes, lock-outs or other industrial action;
    2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
    3. fire, explosion, storm, flood, earthquake, subsidence, epidemic 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;
    6. epidemic, pandemic or other health emergency (whether declared or not); and
    7. the acts, decrees, legislation, regulations or restrictions of any government.
  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 the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Our Right to Vary These Terms and Conditions

  1. We reserve the right to amend the T&Cs at any time without notice to you.
  2. We constantly review our T&Cs and update accordingly. It is our right to vary them by publishing them on our Service and revisions will be reflected in these T&Cs.
  3. You agree that by doing this we have provided you with sufficient notice of the variation and that it is your responsibility to review these T&Cs regularly.
  4. Lack of knowledge of these T&Cs shall not constitute a lack of agreement to them on your part.

General

  1. These T&Cs contain the entire understanding between the parties concerning the subject matter of these T&Cs and supersedes all prior communications.
  2. Each party acknowledges that, in entering into these T&Cs, neither party relies on any representation or warranty (whether made innocently or negligently) that is not set out in these T&Cs.
  3. Each of us agrees 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 limits or excludes any liability for fraud.
  5. Our failure to enforce any provision under these T&Cs will not waive our right thereafter to enforce any such provisions.
  6. If any part of the Contract is or becomes illegal, invalid or unenforceable, the legality, validity or enforceability of the remainder of the contract shall not be affected and shall be read as if that part had been severed.
  7. The laws of the Australian Capital Territory shall apply to the contract. The courts of the Australian Capital Territory shall have non-exclusive jurisdiction to decide any matter arising out of the contract.
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