Terms of service

OVERVIEW

Welcome to Sam's Kitchen! The terms “we”, “us” and “our” refer to Sam's Kitchen. Sam's Kitchen operates this store and website, including all related information, content, features, tools, products and services to provide you, the customer, with a curated shopping experience (the “Services”). Sam's Kitchen is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not access or use our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms, you confirm you are at least the age of majority in your state or territory and have given us your consent to allow any minor dependents to use the Services.

You may be asked to provide certain information including your email, billing, payment, and shipping information. You warrant that all such information is current, correct, and complete.

You are responsible for maintaining the confidentiality of your account credentials. You may not transfer your account to another person.

SECTION 2 – OUR PRODUCTS

We strive to accurately display our products and services, but colours or appearances may differ based on device settings.

Product descriptions and pricing may change without notice. We reserve the right to discontinue products or limit quantities at our discretion.

SECTION 3 – ORDERS

Placing an order is an offer to purchase. Sam’s Kitchen reserves the right to accept or decline any order. Orders are not accepted until payment is confirmed.

Your purchases are subject to our Refund and Returns Policy. Orders are for personal or household use only and not for resale.

SECTION 4 – PRICES AND BILLING

All prices are shown in AUD and include GST unless stated otherwise. Prices are subject to change without notice.

You agree to provide up-to-date and accurate billing and shipping information. Charges will be made to your nominated payment method at the time of order.

SECTION 5 – SHIPPING AND DELIVERY

Delivery is available to select Melbourne suburbs. Orders placed before 11am are eligible for next-day delivery at a flat rate of $40 + GST. Free delivery is offered for orders over $150.

We are not responsible for delays outside our control. Risk of loss passes to you once the order is dispatched.

SECTION 6 – RETURN AND REFUND POLICY

All food products are non-refundable and cannot be returned, including fresh products and ready-made meals.

Exceptions:

  • If the packaging of ready-made meals is broken or compromised, customers must contact us within 24 hours and provide photo evidence.

  • Email: admin@samskitchenco.com.au

No Refund or Responsibility:

  • If delivery is made and no one is available to receive it, and the items are left at the door as per customer instructions or default procedure, Sam’s Kitchen accepts no responsibility for any spoilage or damage.

SECTION 7 – CUSTOMER RESPONSIBILITY

Customers are responsible for:

  • Providing accurate delivery details

  • Ensuring someone is present to receive the delivery

Sam’s Kitchen will not be held liable for failed deliveries due to incorrect information or absence at the delivery address.

SECTION 8 – INTELLECTUAL PROPERTY

All content, trademarks, logos, and product names are the property of Sam’s Kitchen or Shopify and protected by intellectual property laws. You may not reproduce or use any material without prior written permission.

SECTION 9 – OPTIONAL TOOLS

We may provide access to third-party tools “as is” and “as available.” Use of these tools is at your own risk and subject to the third party’s terms.

SECTION 10 – THIRD-PARTY LINKS

Links to third-party websites are provided for convenience only. We are not responsible for their content, accuracy, or services. Engage with third-party websites at your own discretion.

SECTION 11 – RELATIONSHIP WITH SHOPIFY

Sam’s Kitchen is powered by Shopify. All sales and customer relationships are exclusively between you and Sam’s Kitchen. Shopify is not responsible for any disputes or issues arising from your purchases.

SECTION 12 – PRIVACY POLICY

All personal data collected is governed by our Privacy Policy and Shopify’s privacy policies. By using the Services, you consent to the data practices described therein.

SECTION 13 – FEEDBACK

If you submit reviews or feedback, you grant us a royalty-free, perpetual license to use, reproduce, and share this content. You must own all rights to any content you submit.

SECTION 14 – ERRORS, INACCURACIES, AND OMISSIONS

We reserve the right to correct any errors or inaccuracies at any time and to update product descriptions or pricing without notice.

SECTION 15 – PROHIBITED USES

You agree not to misuse the Services, engage in illegal activity, harass others, or introduce malicious software. We reserve the right to terminate accounts violating these terms.

SECTION 16 – TERMINATION

We may suspend or terminate your account without notice for any breach. Obligations and liabilities prior to termination shall survive.

SECTION 17 – DISCLAIMER OF WARRANTIES

Services and products are provided “as is” without warranties of any kind. We do not guarantee uninterrupted or error-free use.

SECTION 18 – LIMITATION OF LIABILITY

To the maximum extent permitted by law, Sam’s Kitchen shall not be liable for any indirect or consequential damages related to your use of our Services.

SECTION 19 – INDEMNIFICATION

You agree to indemnify and hold harmless Sam’s Kitchen and its affiliates from any claims or liabilities arising out of your use of the Services or violation of these Terms.

SECTION 20 – SEVERABILITY

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in effect.

SECTION 21 – WAIVER; ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Sam’s Kitchen. No waiver of any term shall be deemed a continuing waiver.

SECTION 22 – ASSIGNMENT

You may not assign these Terms without our consent. We may assign them without notice.

SECTION 23 – GOVERNING LAW

These Terms are governed by the laws of Victoria, Australia. Any disputes shall be resolved in courts located in Victoria.

SECTION 24 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to:
Email: admin@samskitchenco.com.au
Trading Name: Sam's Kitchen
Business Address: 10 Corr Street, Moorabbin, VIC 3189, Australia
Phone: 0448 213 714
ABN: 18 752 798 494