This policy sets out the terms and conditions on which The Ilume Kitchen Pty Ltd (ABN 586 446 470 21) (Ilume or its affiliates covered under ilume Group Pty Ltd (ABN 82 636 408 632) we or us) will supply to you the products (Products) listed on our website https://ilumefreshmeals.com.au/ (Website).
Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
1. What do you get?
You are subscribing to ilume™ fresh food tailored for your dog.
Your first delivery is your ilume™ Starter Pack containing two weeks’ worth of ilume fresh dog food, tailored to your dog’s weight.
Our auto delivery cycle is 4 weeks for dogs at 3-18 kg while 2 weeks for dogs over 19 kg, so your second and subsequent deliveries contain another two or four weeks’ worth of food. You can choose different recipes from our Website for every recurring order.
Need to change something?
Manage, pause or cancel your ilume™ subscription for our Account page (https://ilumefreshmeals.com.au/account/login).
2. Availability & delivery
We deliver to most areas in Australia. To check if your address falls within our delivery scope, enter your postcode at the checkout or reach out to us via email or chat.
Orders will be dispatched within 1 business day and will arrive to:
- VIC: 1 - 3 days
- NSW: 2 - 4 days
- All other areas: 3 - 5 days
Your subsequent order will arrive 2 weeks later, then you will move the delivery cycle below, depending on your dog's weight.
- Dogs 3-18 kg: 28 days of food delivered every 4 weeks
- Dogs over 19 kg: 14 days of food delivered every 2 weeks
Subscribers who signed up prior to Feb 2023 will maintain their current delivery schedule.
3. Price & payment
After completing our short survey to understand your dog, prices will be quoted on our website for your acceptance.
Once you sign up to ilume™, your credit card/debit card will be automatically debited every two or four weeks for every box, unless you pause, skip or cancel.
4. Not totally happy
We want you and your dog to be totally happy on ilume™ without a worry for 28-days. If you are unhappy with your product within the first 28 days of receiving your ilume™ order, you can reach out to us and we’ll give a refund for this order.
5. Service availability
The Website is only intended for use by people residing in our Australian delivery areas. We do not accept orders from individuals outside the delivery areas.
6. Your status
By placing an order through our site, you warrant that:
- you are legally capable of entering into binding contracts;
- you are at least 18 years old;
- you are resident in Australia; and
- you are accessing our site from that country.
7. Formation of contract – flexible subscription
- After placing an order for subscription, it means the contract between us (Contract) is formed.
- By subscribing to ilume™, you agree to pay recurring periodic subscriptions for an indefinite time until cancelled by you or us, as laid out in these terms.
8. Risk & title
- The Products will be at your risk once it is delivered to your designated address.
- 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.
9. Price & payment
- The price of the Products and our delivery charges will be as quoted on the Website from time to time.
- Product prices include GST.
- We may change Product prices and delivery charges at any time, but changes will not affect orders that are placed and paid. We will advise you of these changes in advance.
- Payment for all Products must be by credit or debit card. We accept payment with Visa and Mastercard.
10. Our refund & cancellation policy
If you are unhappy with your product within the first 28 days of receiving your ilume™ order, you can reach out to us and we’ll give a refund for this order.
If you want to cancel your subscription for whatever reason, you can make the cancellation before your next order confirmation. If you cancel after your next order confirmation, you will still be billed for that order and it will still be delivered to your home before cancellation.
We will offer an appropriate refund if it can be shown that the Product you were charged for was not in accordance with our Warranty (see below).
We warrant to you that any Product purchased from us through the Website will, on delivery:
- conform with its description;
- be of satisfactory quality; and
- be reasonably fit for all the purposes for which products of that kind are commonly supplied.
12. Our liability
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 from the most recent order.
Nothing in these terms and conditions excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the obligations implied by Competition and Consumer Act 2010 (Cth) or any other applicable legislation; or
- any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
If you have a dispute, you must notify us at firstname.lastname@example.org explaining the details of the dispute and giving us a reasonable chance to contact you and rectify the dispute in good faith.
All notices given by you to us must be given to ilume™ at email@example.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.
Notice will be deemed received and properly served:
- immediately when posted on the Website;
- 24 hours after an email is sent; or
- three days after the date of posting of any letter.
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
15. Transfer of rights & obligations
Neither you nor ilume™ may transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
16. Intellectual property rights
- We are the owner or the licensee of all intellectual property rights in the 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.
- You may print off one copy, and may download extracts, of any pages from the Website for your personal reference. 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.
- If you post comments on the Products to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly held opinions. By ordering the Products you irrevocably authorise us to quote from your Commentary on the Website and in any advertising or social media outlets which we may create or contribute to.
17. Events outside of our control
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).
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:
- strikes, lockouts or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks;
- the acts, decrees, legislation, regulations or restrictions of any government.
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.
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 such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 13 above.
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 to the fullest extent permitted by law.
20. Entire agreement
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
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 or the documents referred to in them, to the maximum extent permitted by law.
To the maximum extent permitted by law, 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.
Nothing in this clause limits or excludes any liability for fraud.
21. Variations of terms and conditions
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (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 seven working days of receipt by you of the Products).
22. Governing law
The laws applicable in Victoria govern these terms and conditions and any Contract formed under these terms and conditions and any dispute in connection with any Contract.
The parties submit to the non-exclusive jurisdiction of the courts of Victoria and any courts competent to hear appeals from those courts.