HelloFresh Terms and Conditions
The Big Ticket Items
These points are included in the full terms below. We've highlighted the big ticket items here
- By subscribing to HelloFresh you are agreeing to all conditions set out below
- HelloFresh is a subscription service. We deliver until you tell us not to.
- You can deactivate at anytime. There is no minimum term.
- The cut-off for subscription adjustments (pauses, cancellations, order restarts, address and box type changes) made through the online customer login is 11:59PM (AEST/AEDT) on the Wednesday before the next delivery.
- You must live in our delivery area to order.
- We deliver during various time windows on Saturdays, Sundays, Mondays and Tuesdays. If you will not be home please make an alternative arrangement and leave specific delivery instructions on the checkout page for our drivers to follow.
- Ownership of the goods will transfer to you once we have delivered in accordance with your delivery instructions.
- We cannot commit to a smaller delivery window. We will try to accommodate, but cannot guarantee, special requests.
- If a re-delivery is required at an alternative time through no fault of HelloFresh or our logistics partners an additional fee of $15 will be charged.
- All of our boxes are the same. As much as we'd love to, we're not to customise individual boxes based on preference, dietary requirements, or whim!
The Nitty Gritty
This page (together with the documents referred to on it) tells the customer (You) the terms and conditions on which HelloFresh (We/Our/Us) will supply to You the products (Products) listed on our website www.hellofresh.com.au (Our Site) via one of our subscription services (Services). Please read these terms and conditions carefully before ordering any Products from Our Site or subscribing to one of our Services. You should understand that by ordering any of Our Products or subscribing to one of Our Services, You agree to be bound by these terms and conditions. We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions Please tick the checkbox in the shopping cart to accept these terms and conditions. Please understand that if you do not accept these terms and conditions, you will not be able to order any Products from Our Site.
1. Information about us
- We operate the website www.hellofresh.com.au. We are Grocery Delivery eServices Australia Pty Ltd (ABN 19 155 437 620) trading as HelloFresh.
2. Service Availability
- Our site is only intended for use by people residing in nominated postcode districts within Australia (Service Areas). We do not accept orders from individuals outside those Service Areas. Customers must provide a valid email address and credit card for all orders accepted online. We do not accept orders by phone.
3. Your statusBy placing an order through our site, you warrant that:
- you are legally capable of entering into binding contracts; and
- you are at least 18 years old; and
- you are resident in one of the Service Areas
4. How the contract is formed between you and us
4.1 After completing the subscription or order process on HelloFresh.com.au, 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. 4.2 The Contract will relate only to the Product or Service you have ordered or subscribed to. Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions. 4.3 The subscription plan to our Services consists of an initial charge 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. hellofresh.com.au may submit periodic charges (e.g., weekly or monthly) without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before hellofresh.com.au reasonably could act. To terminate your authorisation or change your payment method email email@example.com. 4.4 By subscribing to hellofresh.com.au you are agreeing to pay a recurring subscription for an indefinite period until cancelled by you or us as per our Cancellation Terms. The subscription amount and billing interval are set out on the checkout page, confirmation correspondence, and the customer login area. You can deactivate your subscription at any time. You will not be charged for any cancellation. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you. 4.5 We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
5.1 You may deactivate your subscription at any time. 5.2 The cut-off for deactivations made in your online account is 11:59PM (AEST/AEDT) on the Wednesday the week before the next delivery. The cut-off for deactivation requests via email is 4PM (AEST/AEDT) on Wednesday the week before the next delivery. 5.3 To deactivate your subscription, just login to your online account and follow the steps to deactivate. If you deactivate with time left on your current subscription term you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. 5.4 You may cancel your order within seven days of first making the order with us by sending us an email to firstname.lastname@example.org. We have no obligation to cancel your order and refund you any money, if you wish to cancel your order for products more than seven days after placing that order with us. 5.5 If we have accepted your cancellation request after you have received your ordered products, then you must first return those products to us in their original condition at your own expense. We have no obligation to provide you with a refund if those products are not returned to us or are returned in a damaged condition or if there is any shortage in the number of products you return. 5.6 If you return damaged products or if there is a shortage in the number of returned products, then we are entitled to deduct an amount (as determined by us) which represents the damage or shortage from the original payment made by you before refunding you the balance of that payment. 5.7 The refund policy does not apply to goods which by their nature are not suitable for return or spoil quickly. This is especially true for perishable foods, such as those provided by HelloFresh foods.
6.1 You may suspend your subscription at anytime. 6.2 Your suspension request must be received by Wedneday 4PM the week prior to the intended commencement of your suspension.
7. Change of details
7.1 You must promptly advise us of any changes to your information provided to us as part of the customer registration process. 7.2 Changes to address details and/or delivery instructions must be communicated by Wednesday 4PM (AEST/AEDT) the week prior to the effective date. 7.3 Changes to payment details must be communicated at least 5 days prior to the effective date. HelloFresh will not be liable for any charges you incur as a result of out of date payment information. If HelloFresh incurs an expense due to incorrect payment information provided by you, we reserve the right to seek reimbursement for such expense.
8. Price and payment
8.1 From time to time HelloFresh may need to revise the price of its products up or down. For price variations, Hello Fresh will provide notice by email no less than 14 days before the changes take effect. After such time, HelloFresh will apply the revised pricing for your subscribed service 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 deactivate your subscription before items are delivered under the new pricing plan. 8.2 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error. 8.3 Product prices include taxes including GST where applicable. 8.4 Payment for all Products and Services must be by credit or debit card or any other payment method on the online checkout page.
9. Our refunds policy
9.1 If you return a Product to us:
- Because you have cancelled the Contract between us in accordance with clause 5.4, we will process the refund due to you as soon as possible and, in any case, within 14 days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you may be responsible for the cost of returning the item to us.
- For any other reason (for instance, because you have notified us that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
9.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase. 9.3 Orders placed for delivery addresses outside our Service Area may be subject to a $2 refund fee if payment has been processed.
10.1 We only deliver addresses within the postcode areas nominated on our site. 10.2 During the ordering process, you need to select a date/delivery window for us to deliver your order to you. You also agree to provide us with complete and accurate information that we ask you to provide to enable us to fulfil your order. 10.3 We will aim to deliver during the window that you select. However, if an event occurs that is beyond our reasonable control, then we may not be able to do so and will not be liable to you or any other person for any such delay. In this instance, we will endeavour to provide you with notice of the delay as soon as reasonably possible. 10.4 We will deliver the Products to the front door at the relevant Delivery Address. If you ask us to deliver inside a premise or building at the Delivery Address and we agree to do so, then you are responsible for any loss or damage suffered by us in connection with our delivery of the Products beyond the front door of the Delivery Address. You must make all appropriate arrangements to assist and allow us to deliver your order, including obtaining any prior security, or other, approvals which may apply to your delivery location. 10.5 We may require the person accepting the delivery of your order to provide us with proof of that person's identity (including photographic identification) and, where relevant, age. If the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks. 10.6 HelloFresh accepts no liability or responsibility for incorrectly placed orders. Nor do we accept liability or responsibility for delivery details which are incorrectly supplied, or you fail to supply. 10.7 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, HelloFresh will leave your order at your front door. If you advise HelloFresh of any specific delivery instructions in your order, HelloFresh will endeavour to comply with these instructions to the extent reasonably within its control. 10.8 You will be responsible for your order from the time we deliver your products in accordance with your instructions. We accept no liability or responsibility for any product once the product has been delivered to you. 10.9 You understand that HelloFresh may need to change your delivery date and time from time to time. We will notify you as soon as reasonably practicable if your delivery date and time changes for any reason.
11. Acceptance or rejection of an order
11.1 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 Site or in your order. 11.2 If we reject an order placed through the Site, then 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. 11.3 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. 11.4 If refusal of an order occurs on or prior to delivery after our Wednesday deadline (11:59PM AEST/AEDT for online changes and 4PM AEST/AEDT for email requests the week prior to your delivery) this will not negate the charge incurred by the customer.
12.1 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 goods replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. 12.2 The consumer guarantees that apply to goods you purchase:
- Goods will be of acceptable quality
- Goods will be fit for a particular purpose
- Goods will match their description
- Any express warranties will be honoured
- You will have title to the goods
12.3 You will have undisturbed possession of the goods. You acknowledge that the products displayed on the HelloFresh 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.
13. VOUCHERS AND GIFT CARDS
13.1 We may offer gift cards, discount promotions and other types of voucher (Voucher) which require to be activated by email application in order for the holder to commence delivery of Products through a Service. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these terms and conditions shall become applicable as between us and the holder of the Voucher (Holder) when the Holder redeems the Voucher by applying for a Service to commence. 13.2 A Voucher may only be used once by its Holder and 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 Voucher is only valid on a household's first box. 13.3 We reserve the right to withdraw or cancel any Voucher (other than a paid-up gift card) for any reason at any time. 13.4 Vouchers may only be redeemed through the website www.hellofresh.com.au and not through any other website or method of communication. 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 terms and conditions and any special conditions attached to the Voucher. 13.5 Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges (where applicable), which will be chargeable at normal rates. 13.6 Mate's Rates (our voucher referral program) is a program designed to give customers a chance to recommend the HF service to friends, families and colleagues. These vouchers are not valid if used inappropriately, such as being published on deal sites or bargain sites. Thus, HelloFresh reserves the right to cancel any suspicious codes and delete credits from the sharers account.
14. Risk and title
14.1 The Products will be at your risk from the time of delivery. 14.2 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.
15. DISCLAIMER AND LIMITATION OF LIABILITY
16. IMPORTANT NOTICE ABOUT LINKED WEBSITES
16.1 Our website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained. 16.2 Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent we stipulate to the contrary. 16.3 To the extent permitted by law, we accept no responsibility or liability for, and give no warranty (express or implied) of any kind in respect of, linked websites and your use of them or any products or services available on or through linked websites.
17. TRANSFER OF RIGHTS AND OBLIGATIONS
17.1 The contract between you and us is binding on you and us and on our respective successors and assignees. 17.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 17.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
18. INTELLECTUAL PROPERTY RIGHTS
18.1 We are the owner or the licensee of all intellectual property rights in our site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved. 18.2 You may print off one copy, and may download extracts, of any pages from our site 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. 18.3 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.
19. EVENTS OUTSIDE OUR CONTROL
19.1 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). 19.2 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: 19.3 Strikes, lock-outs or other industrial action; 19.4 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; 19.5 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; 19.6 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; 19.7 Impossibility of the use of public or private telecommunications networks; 19.8 Epidemic, pandemic or other health emergency (whether declared or not);and 19.9 The acts, decrees, legislation, regulations or restrictions of any government. 19.10 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.
20.1 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. 20.2 A waiver by us of any default will not constitute a waiver of any subsequent default. 20.3 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 clause 13 above.
21.1 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.
22. ENTIRE AGREEMENT
22.1 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. 22.2 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. 22.3 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. 22.4 Nothing in this clause limits or excludes any liability for fraud.
23. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
23.1 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. 23.2 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).
25. GOVERNING LAW AND JURISDICTION
25.1 The laws of New South Wales and the Commonwealth of Australia apply to these terms and conditions. All disputes will be heard and settled in accordance with the Courts of New South Wales and any courts of appeal therefrom.