OVERVIEW
This website is operated by Wing Hong Pty Ltd. Throughout the site, the terms “we”, “us” and
“our” refer to Wing Hong Pty Ltd. Wing Hong Pty Ltd offers this website, including all
information, tools and services available from this site to you, the user, conditioned upon your
acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and
agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”),
including those additional terms and conditions and policies referenced herein and/or available
by hyperlink. These Terms of Service apply to all users of the site, including without limitation
users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By
accessing or using any part of the site, you agree to be bound by these Terms of Service. If you
do not agree to all the terms and conditions of this agreement, then you may not access the
website or use any services. If these Terms of Service are considered an offer, acceptance is
expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the
Terms of Service. You can review the most current version of the Terms of Service at any time
on this page. We reserve the right to update, change or replace any part of these Terms of
Service by posting updates and/or changes to our website. It is your responsibility to check this
page periodically for changes. Your continued use of or access to the website following the
posting of any changes constitutes acceptance of those changes.
Our store is hosted by Square18.com.au. They provide us with the online e-commerce platform
that allows us to sell our products and services to you.
1. ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in
your state or province of residence, or that you are at least the age of majority in your state or
province of residence and you have given us your consent to allow any of your minor
dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use
of the Service, violate any laws in your jurisdiction (including but not limited to copyright
laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your
Services.
2. GENERAL CONDITIONS
You understand that your content (not including credit card information), may be transferred
unencrypted and involve (a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices. Credit card information
is always encrypted during transfer over networks.
When ordering from our site, you agree to these terms of sale regarding our products. An order
of one or more products constitutes an Order.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service,
use of the Service, or access to the Service or any contact on the website through which the
service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or
otherwise affect these Terms.
We reserve the right to refuse service to anyone for any reason at any time.
3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or
current. The material on this site is provided for general information only and should not be
relied upon or used as the sole basis for making decisions without consulting primary, more
accurate, more complete or timelier sources of information. Any reliance on the material on
this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not
current and is provided for your reference only. We reserve the right to modify the contents of
this site at any time, but we have no obligation to update any information on our site. You
agree that it is your responsibility to monitor changes to our site.
4. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content
thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change,
suspension or discontinuance of the Service.
5. PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products or services may be available exclusively online through the website. These
products or services may have limited quantities and are subject to return or exchange only
according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our
products that appear at the store. We cannot guarantee that your computer monitor's display of
any colour will be accurate. Photos on the online ordering system are for illustrative purposes
only.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any
person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services that we offer. All
descriptions of products or product pricing are subject to change at anytime without notice, at
the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer
for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material
purchased or obtained by you will meet your expectations, or that any errors in the Service will
be corrected.
6. ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all
purchases made at our store. You agree to promptly update your account and other information,
including your email address and credit card numbers and expiration dates, so that we can
complete your transactions and contact you as needed.
We reserve the right to refuse any order you place with us. We may, in our sole discretion,
limit or cancel quantities purchased per person, per household or per order. These restrictions
may include orders placed by or under the same customer account, the same credit card, and/or
orders that use the same billing and/or delivery address. In the event that we make a change to
or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing
address/phone number provided. We reserve the right to limit or prohibit orders that, in our
sole judgment, appear to be placed by dealers, resellers or distributors.
7. ORDER LIMITATION
Unless otherwise indicated on the Site:
- The minimum purchase amount from our online store for each Pick up Order is $30.00
and for each Delivery Order is $100.00 excluding the Delivery Fee. Order that is less
than $100.00 will be subject to Delivery Fee stated on the order page. These fees and
limits may change without notice to you.
- 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
may contact you when you place the Order or within a reasonable time after you submit
your Order.
- If you wish to place an Order that differs from our ordering requirements, then you will
need to contact our online@wh-food.com.au or our retail store during Contact Hours. If
we agree to an Order that differs from our usual requirements, then you agree that the
delivery time may be longer than our usual delivery times for standard orders. In this
regard, we recommend that you allow at least 2 days between ordering and delivery or
such other time that we notify you of at the time we accept your Order.
- If we reasonably believe you are placing multiple orders, whether under the same or
different registration details, for the purposes of circumventing the order limits, all such
Orders may be cancelled by us without notice to you.
8. PICK UP OR DELIVERY OF PRODUCTS
8.1 PICK UP
Pick up is only available from selected stores as shown on the Site. During the ordering
process, you need to select a store from which you will collect the order. A collection
window (range of collection dates) of approximately 2-3 days will be determined and
displayed at the time your order is placed. It is solely your responsibility to ensure that you
have chosen the correct address at the time of the order placed for you to pick up.
You agree to comply with the following collection requirements specified in this clause and
such other requirements that we notify to you when you place your Pick up Order through
the Site:
- You must collect your order from the store selected by you when you place your order;
- While our staff will be available to assist where possible, if you select to have your
Order made available through our “BYO bags” service, you are responsible for unpacking
your Order from the trolley provided into your own bags;
- Photographic identification with a signature must be provided when you collect your
Order.
If you will not be the person collecting your Order then your representative must provide us
with proof of their identity (including photographic identification), the card used for
payment or the order number, and, where relevant, their age.
If you do not supply the appropriate identification:
- We will not allow collection of your Order; and
- We will treat your order as a cancelled order.
If you do not collect your Order within the booked collection window then we will
endeavour to contact you or you may contact us to arrange for collection at a different time,
and we may charge you an additional fee of $20 for that replacement Order.
Any products that are not picked up within 48 hours from the pick up date and time will be
treated as a cancelled Order.
8.2 DELIVERY OF PRODUCTS
Delivery services are available for products ordered through the site.
Delivery services are not extended state-wide, nationwide or internationally. Addresses outside
the company’s delivery radius will be deemed unsuitable for delivery services, and thus made
only available for self collection at official collection venues.
You may obtain further information on the Site about our delivery timeframes and how we
deliver your Products. At the time you select your Products you will be given an option to
select a timeframe for delivery. Although we endeavour to deliver the Products within the
timeframe provided at the time of your Order these timeframes are indicative only. Delivery
times may be delayed due to traffic or other unforeseen circumstances and Wing Hong Pty Ltd
will not provide any refund or discount on your Order or Delivery Fee for late deliveries.
Our Products are transported in refrigerated vehicles to the delivery address according to the
local government’s rules and legislations. We will endeavour to contact you at the Delivery
Address or on your nominated telephone number once we arrive at the Delivery Address.
Under the circumstances where customers are uncontactable and unresponsive at the time of
package arrival, and where no other appropriate persons are available to receive the package at
the door, the package will be returned to the store warehouse. Customers will be contacted to
arrange for an alternative date of delivery at an additional fee.
In situations where the customer is contactable but unavailable to collect at the door, and where
no other appropriate persons are available to receive the package at the door, the customer may
permit and opt for our delivery personnel to leave the package unattended at the customer’s
nominated spot at the Delivery Address, or such other spot which we determine most suitable
for placement at the time. However, it is not advisable due to safe food handling practices and
the requirement to keep products below 5°C to maintain shelf life of the products. You are
responsible for inspecting all Products you receive from us for any damage or other issues
upon delivery. Also, you are solely responsible for determining the freshness of the Products
you receive. You should always inspect your delivery to confirm that the ingredients arrive in a
cool, refrigerated condition.
We recommend that you follow the WA Food Authority instructions on safe food handling.
Failure to follow safe food handling practices and temperature recommendations may increase
the risk of foodborne illness. In addition, pregnant women, young children, the elderly and
individuals with compromised immune systems should closely follow WA Government Food
Authority recommendations on food consumption for at-risk groups.
We may deliver your Order using a “contactless delivery service” and will deliver the Products
to the front door at the relevant Delivery Address, take a photo of the Products to confirm
delivery and knock on your door or otherwise attempt to notify you of your delivery. You must
be present at the Delivery Address to accept a “contactless delivery” however you will not be
required to provide a signature upon delivery. You agree that we will not be responsible for
any loss or damage caused to your property or suffered by you in connection with our delivery
of the Products to the Delivery Address.
If there is no one or no appropriate person at the Delivery Address to receive the Order, and are
not present at the time of delivery, or otherwise required to be present at the time of delivery
and you are not present at that time, or if we cannot access the Delivery Address, or if we
cannot access your nominated spot or determine a suitable spot to deliver your Order (for
unattended deliveries), then:
- We will not deliver the Products you have ordered; and
- We may charge you a fee of up to $20 and the charges for any perishable Products in your
Order that we have accepted. We reserve the right to increase this fee from time to time
without notice to you.
In this instance, we will endeavour to contact you or you may contact us to arrange for delivery
at a different time, and we may charge you an additional Delivery Fee for that replacement
delivery.
You acknowledge and agree that any person at the Delivery Address who receives the Order is
authorised by you to receive your Order.
You acknowledge that we may record the details of any identification provided in relation to
delivery of Products.
9. RETURNS AND REFUND POLICY
9.1 Standard Return/Refund Policy:
We are shipping perishable Products and therefore are not able to accept returns. Unlike items
that have a longer shelf life, items that are perishable cannot be restocked or resold.
If you are not completely satisfied with your product for good reason, please contact
online@wh-food.com.au within seven days of receipt. We will happily review your order and
any reported issues and offer an appropriate resolution which may include replacement of the
Product in question, credit towards your next purchase, or a partial/full refund. Since we are
not able to physically access the product, we may ask that you provide photos of the Product
label and damage reported.
We guarantee delivery to the address provided when the order is placed/shipped and when
retrieved on the guaranteed delivery date.
Due to the perishable nature of our Product, we cannot guarantee the condition of the delivery
if the address is incorrectly entered, if a change of address isn’t updated prior to the invoice
date, if an address is altered while in transit, or if you are unable to retrieve the order on the
guaranteed delivery date and did not notify us prior to the order being invoiced.
When placing your order, please enter your shipping address carefully to ensure accuracy and
review your receipt/account for any errors. If you enter the shipping address incorrectly when
the order is placed, please email online@wh-food.com.au immediately for correction. Should
your delivery address change, please update your address prior to the invoice date either via
your account or by writing to online@wh-food.com.au
If your order is returned to us because of an incorrect address provided or refusal of delivery
when shipped according to our terms and conditions, we must dispose of the contents and you
will not be refunded. In the event an order is delivered late due to an incorrect address or if you
are unable to retrieve on the delivery date without prior notification and thawing/damage
occurs, you will not be refunded.
9.2 Cancelled Order
You are liable for any orders placed or charges that may incur prior to the cancellation request.
If the request for cancellation is made after your order has been invoiced, we will endeavour to
process it for the next scheduled invoice. However, any completed orders that are not picked
up 48 hours after the scheduled pick up window shall be not be refunded and moneys forfeited.
10. PAYMENT METHODS
You must pay the fees and charges online. We accept the following payment methods:
- Visa and Visa Debit;
- MasterCard and MasterCard Debit
11. PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
To view our Privacy Policy please click [here].
12. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical
errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions,
offers, product shipping charges, transit times and availability. We reserve the right to correct
any errors, inaccuracies or omissions, and to change or update information or cancel orders if
any information in the Service or on any related website is inaccurate at any time without prior
notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any
related website, including without limitation, pricing information, except as required by law.
No specified update or refresh date applied in the Service or on any related website, should be
taken to indicate that all information in the Service or on any related website has been modified
or updated.
13. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from
using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or
participate in any unlawful acts; (c) to violate any international, federal, provincial or state
regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual
property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading
information; (g) to upload or transmit viruses or any other type of malicious code that will or
may be used in any way that will affect the functionality or operation of the Service or of any
related website, other websites, or the Internet; (h) to collect or track the personal information
of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or
immoral purpose; or (k) to interfere with or circumvent the security features of the Service or
any related website, other websites, or the Internet. We reserve the right to terminate your use
of the Service or any related website for violating any of the prohibited uses.
14. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted,
timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be
accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or
cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The
service and all products and services delivered to you through the service are (except as
expressly stated by us) provided 'as is' and 'as available' for your use, without any
representation, warranties or conditions of any kind, either express or implied, including all
implied warranties or conditions of merchantability, merchantable quality, fitness for a
particular purpose, durability, title, and non-infringement.
In no case shall Wing Hong Pty Ltd, our directors, officers, employees, affiliates, agents,
contractors, interns, suppliers, service providers or licensors be liable for any injury, loss,
claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any
kind, including, without limitation lost profits, lost revenue, lost savings, loss of data,
replacement costs, or any similar damages, whether based in contract, tort (including
negligence), strict liability or otherwise, arising from your use of any of the service or any
products procured using the service, or for any other claim related in any way to your use of
the service or any product, including, but not limited to, any errors or omissions in any content,
or any loss or damage of any kind incurred as a result of the use of the service or any content
(or product) posted, transmitted, or otherwise made available via the service, even if advised of
their possibility. Because some states or jurisdictions do not allow the exclusion or the
limitation of liability for consequential or incidental damages, in such states or jurisdictions,
our liability shall be limited to the maximum extent permitted by law.
15. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Wing Hong Pty Ltd and our parent,
subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service
providers, subcontractors, suppliers, interns and employees, harmless from any claim or
demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of
your breach of these Terms of Service or the documents they incorporate by reference, or your
violation of any law or the rights of a third-party.
16. SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted
by applicable law, and the unenforceable portion shall be deemed to be severed from these
Terms of Service, such determination shall not affect the validity and enforceability of any
other remaining provisions.
17. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall
not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in
respect to The Service constitutes the entire agreement and understanding between you and us
and govern your use of the Service, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against
the drafting party.
18. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall
be governed by and construed in accordance with the laws of Western Australia Food
Authority and.
19. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these
Terms of Service by posting updates and changes to our website. It is your responsibility to
check our website periodically for changes. Your continued use of or access to our website or
the Service following the posting of any changes to these Terms of Service constitutes
acceptance of those changes.
20. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at online@wh-food.com.au.
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