You must be a registered member to make orders on the Website. To register an account and use the Website you must be at least 18 years old, have a current Australian residential address and have capacity to enter into a legally binding agreement with us. You agree to provide us with personal information including your name, address and a valid email. This information must be accurate and current.
Order and Delivery of Goods
Orders: The promotion of goods or services on this Website does not constitute an offer to sell, but merely an invitation to treat only. You must place an order with Rice Kitchen by selecting goods and pressing the “Submit Order” button. Orders are considered as received by Rice Kitchen at the time of successful transmission of the order. You are responsible for all orders placed on your account, including any discrepancies or errors in your order caused by you. Goods placed in your cart are not deemed reserved until you have completed the checkout process. Orders are only confirmed once full payments are received.
We may reject an order in circumstances where we believe that there may be a credit card fraud, or if there has been an error in the price or product description on the Website. We will only provide a full refund of any payment received if we cancel or are unable to fulfill your order.
Late Cancellation Fee: If you cancel an order after the Order Cut Off Time, Rice Kitchen may charge you and you must pay a late cancellation fee of $50.
Delivery: Subject to this Agreement, Rice Kitchen will supply the goods shown on your order confirmation. We will deliver the Goods to you at the Delivery Address within the time agreed with you. Rice Kitchen will not commit to delivery beyond the Front Door of your home or office building. Front Door means the front door or a point beyond which entry into the interior of the building occurs. If you request Rice Kitchen to deliver the Goods beyond your Front Door, you agree to continually indemnify and hold harmless Rice Kitchen (including its officers, employees, contractors and agents) from any Loss suffered or incurred by Rice Kitchen in connection with the delivery of Goods beyond your front door. ‘Loss’ means any loss including any liability, cost, expense, claim, proceeding, action, demand or damage.
If you will not be at home at the expected delivery time, we recommend you nominate a cool safe place for delivery of your order. If you do not provide a specific place for delivery, Rice Kitchen will leave your order at your front door. If you advise Rice Kitchen of any specific delivery instructions in your order, Rice Kitchen will endeavour to comply with these instructions to the extent reasonably within its control.
Authorised receipt of Goods: Anyone at the Delivery Address (or upon collection) who receives the goods shall be presumed by Rice Kitchen to be authorised to receive the goods. Rice Kitchen may request that the person who receives the goods at the Delivery Address (or upon collection) provide satisfactory evidence of proof of age. Rice Kitchen may refuse to provide liquor to a person who is intoxicated or not of the appropriate legal age.
Delivery fee: If required by Rice Kitchen, you must pay to Rice Kitchen the Delivery Fee (or such other fee as may be specified by Rice Kitchen) in respect of each order.
If you wish to place an order that differs from Rice Kitchen’s ordering requirements, then you will need to contact our Customer Service on 1300 900 858 during Contact Hours. If Rice Kitchen agrees 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.
Risk and Title in the Goods
Risk and title in the goods passes to you upon delivery and payment of the goods to the Delivery Address.
Risk in the Products passes to you on the date and time of delivery to the Delivery Address. Title to the Products passes to you on the later of the date and time of:
(a) payment for those Products;
(b) delivery of those Products to the Delivery Address;
Returns, Credits and Refunds
Making a claim: If you wish to make a claim for a replacement product, refund or credit because:
1 you believe that an item, which was ordered by you and which was in stock, has not been provided; or
2 you are not satisfied with the quality of the goods you have purchased,
you must call Customer Care Centre on 1300 900 858 . A Rice Kitchen Customer Care representative will assess your claim for a replacement product, credit or refund of the purchase price. Rice Kitchen reserves the right to inspect the goods before making the assessment. Rice Kitchen will not pick up any goods that you do not accept and which you have not returned with the driver). This is in addition to and does not limit or replace your rights under consumer laws.
Please note that change of mind returns are not provided. As a general rule, we will not change or replace your order where you have made an error.
Credits: Any unused portion of your store credit will be credited to your account. Rice Kitchen credits in lieu of a refund will be valid for use one year from the date of issue. Any balance that remains will not be available for use after the expiry date. Store credits issued for promotional purposes will expire after 1 month. To check the expiry or balance of your credits email firstname.lastname@example.org. Rice Kitchen reserves the rights to change any of the terms and conditions in relation to its Store Credit upon the provision of reasonable notice.
Price of Goods and Payments
1 Purchase price: The purchase price of the goods as shown on the Product List is the purchase price that is applicable at the time you view it. All prices including delivery and other charges are shown in Australian Dollars. Delivery Fee: You must pay the Delivery Fee in respect of each Order unless otherwise advised at the time of order. Additional Fees: If charged by Rice Kitchen in accordance with this Agreement, you must pay any late cancellation fee or additional delivery fee. Promotion specials: Not all products advertised in the promotion specials are available at the time of order. If a discount code is provided as part of the promotion special, each code is only valid for a single transaction and cannot be used in conjunction with any other discounts. Total price of Goods: Goods in Your Order are charged at the purchase price applicable at the time you submit your order and as shown on the order confirmation, except:
2 if a good is out of stock, in which case you will not be charged for that good;
3 if you have given instruction that you will accept a substitute good, in which case the substitute good will be charged at the lower of the original or the substitute price at the time the substitute good is processed and scanned for your order; and
4 if you have ordered a good that is priced per kilo, in which case the actual purchase price for the good is calculated by Rice Kitchen after the good has been weighed and the purchase price charged will be the lower of the purchase price per kilo applicable at the time you placed your order and the purchase price per kilo applicable at the time your order is processed.
Tax invoice: Upon delivery of the goods, Rice Kitchen will provide you with a tax invoice specifying the total price for the goods, including credits applied and the Delivery Fee.
Method of payment: At the time you place the order, you will be required to select your payment method being either online payment by credit card or Paypal account. Unless otherwise agreed, in order to receive the goods you have ordered, payment must be received by the selected payment method.
Packaging and Labelling
Images and photographs of goods shown on our website may to a small extent differ in appearance and packaging to the goods delivered to you.
Some goods are produced and imported from outside of Australia and we recommend that you read the labels and instructions on food packaging before use or consumption.
If you owe money to Rice Kitchen under one Agreement, Rice Kitchen may set-off that money against any money that you owe to Rice Kitchen under another Agreement. If Rice Kitchen owes money to you under one Agreement, Rice Kitchen may set-off that money against any money that it owes to you under another Agreement.
Out of Stocks and Substitution
Rice Kitchen will not provide rainchecks in respect of Goods ordered by you. When completing your order, you will be invited to select a substitution option in respect of goods that are out of stock. Rice Kitchen will use its best endeavours to ensure that all goods ordered by you (and any agreed substitutes) are supplied to you. Substitute items are charged at the lower of the original or the substitute price.
Intellectual Property Rights
You acknowledge that Rice Kitchen or its related corporations own or are licensed to use all Intellectual Property Rights in Rice Kitchen, including any images, photographs or text that appears on the Rice Kitchen web site. You must not make any representation to the contrary and you must not use or copy Rice Kitchen in any manner that is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. You acknowledge that any trademarks or logos which appear on the Rice Kitchen web site are owned by or licensed to Rice Kitchen or its related corporations, and that you must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos. Other trademarks used on our website that belongs to third parties are used with their permission and remain the intellectual property of the third party.
Any correspondence such as and not limiting to testimonials and ideas of improvements created by you and published on our website are deemed the intellectual property of Rice Kitchen and is agreed by you to grant us a licence to use without any royalties.
Disclaimer and Liability
We exclude all liability to you or anyone else for loss of damage of any kind in any way to the Website, but not limited to, loss or damage you might suffer as a result of:
1 mistakes, inaccuracies or errors on the Website or our social media pages;
2 any unauthorized access to or use of our secure servers, personal information and/or financial information stored on our servers;
3 you acting/not acting on any information contained on or referred to on this Website and our social media pages;
4 any bugs, viruses and other harmful code which may be transmitted to or through our Website by any third party;
5 the quality of any product or service of any linked sites.
Except as required by law, you release and discharge Rice Kitchen and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with Rice Kitchen or this Agreement (including the installation, downloading, use or performance of any software related to the Rice Kitchen online website).
You agree to accept sole responsibility for the legality of your own actions under the laws that apply to you. You agree that we, our related entities and affiliates and our suppliers have no responsibilities for the legality of your actions.
12.4 Any liability of Rice Kitchen arising out of or in connection with our breach of an express or implied condition in respect of Goods or deliveries supplied to you through use of our website will at the election of Rice Kitchen, be limited to:
3 if the condition relates to Goods, the replacement of the Goods or the supply of equivalent Goods; and
4 if the condition relates to deliveries, the supplying of the deliveries again or the payment of the cost of having the deliveries supplied again.
Provided that it is fair and reasonable to do so.
You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
Use of website
You may only use the Website and the Content on the Website for personal purposes unless Rice Kitchen provides express written consent. You must not:
▪ by any means copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of the Website or any Content contained on the Website;
▪ do anything that imposes an unreasonable or disproportionately large load on the Website, or interferes or disrupts the Website or any network or website connected to the Website;
▪ breach the security of the Website, test or scan the vulnerability of the Website, or make any unauthorised modifications to the Website;
▪ interfere with any other persons use or enjoyment of the Website;
▪ post, or transmit to the Website any abusive, obscene, defamatory, or otherwise inappropriate material;
▪ use any robot, spider, scraping device, deep link, or any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any Content or any part of the Content on the Website, or to reproduce or separately store or use such Content;
▪ use the Website or any Content in any way that is unlawful, illegal or breaches the rights of Rice Kitchen or any third party; and
▪ use the Website in any way that otherwise breaches these Terms.
We may refer fraudulent or illegal activities to the relevant authorities. We do not warrant that this Website will be available at all times and without disruption. We provide no warranties to the contents of any other websites linked to our Website.
Third party website
Rice Kitchen makes no representations about the quality or accuracy of material available on Third Party Websites, or that such material does not infringe the intellectual property rights of a third party.
Username and password
You are solely responsible for the activities that occur on your account. You must keep your password secure. We are not responsible for any unauthorized activity on your account if you fail to keep your personal login information secure. You release and indemnify Rice Kitchen in relation to any liability arising out of the unauthorised use of your user name or password.
Notification of changes
We may change the terms and conditions of this Agreement art any time, and any changes will be posted on the Website. Your use of Rice Kitchen after notice will constitute your deemed acceptance of such changes.
This Agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia.
We will not be liable for any delays in performing any of our obligations under this Agreement should such delays be caused by circumstances beyond our reasonable control.
Each provision of this Agreement (including these Conditions) is severable. If any part of this Agreement is bound to be void, unenforceable or unlawful, that part will be deemed to be severable from the balance of this Agreement. However, the severed part will not affect the validity and enforceability of any remaining provisions.
Privacy and Security
For details on the Rice Kitchen Privacy and Security Statement, please refer to the Privacy and Security Statement.