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Contact
hello@thedayahead.com.au
SMS
+61 488 883 220
Call
+61 488 883 220
Store info

Our telephone hours are 9-5pm Monday to Friday AEST – please feel to leave a message outside of these hours and we’ll get back to you as soon as possible

Our telephone hours are 9-5pm Monday to Friday AEST – please feel to leave a message outside of these hours and we’ll get back to you as soon as possible

Terms of service

Terms of online sales

    These Terms and Conditions set out the rights and obligations on Your purchase of the Products.

    The Day Ahead (We/Us/Our)

    Set out below are the terms and conditions on which We will supply products on the following website: https://www.thedayahead.com.au/ (the Site) to you the Consumer (You).

    The Day Ahead is a trading name of The Day Ahead Pty Limited, with whom You are contracting. The Day Ahead Pty Limited is an Australian company and has its registered office at Tower 2, Level 14, Suite 1401, 101 Grafton Street, Bondi Junction NSW 2026 Australia, ABN 92 636 056 356.

    Please read these terms and conditions carefully before purchasing any Products on the website (the "Site").

    By clicking the button "Pay now" you agree to be bound by these terms and conditions and your completed online order.

    Your Status

    By purchasing Products through Our site, You agree that:

    • You are legally capable of entering into binding contracts;
    • You are at least 18 years old; and
    • The products are for your personal use or a gift.

    Product information

    The Site contains product information which you must consider before placing an order.

    Individual product ingredient listings may be shown on the Site. Please review these individual product ingredient listings before You place an order.

    We do not accept liability if we ship products to you that you are not permitted to be imported into your country. We are not responsible for returns if the product/s you order are not able to be imported into your country. If products are confiscated then you should contact your customs or similar agency. We may be able to provide some information prior to purchase in relation to purchasing in your country if you contact us before ordering.

      Formation of Contract

        Your order must contain the information specified on the Order Form including details of the Products, quantity, address for delivery, your email address and credit card details including the billing address.

        We reserve the right at our sole discretion to impose quantity limits on any Products You may order.

        After placing an order, You will receive an e-mail from Us which will include an invoice for the goods You have ordered. Please note that this does not mean that an order has been accepted. An order from You constitutes an offer to Us to buy Products. All orders are subject to acceptance by Us. The contract (Contract) will only be formed when We dispatch the goods to you.

          The Contract will relate only to those Products which We have dispatched. We will not be obliged to supply any other Products which may have been part of Your order.
            By initially acknowledging your order, We are under no obligation to supply the Products ordered. If we cannot, we will refund your payment (if your card has been charged). We will try but do not guarantee that additions or changes can be made to an order once placed.

              While We take reasonable steps to keep our list of Products available through the Site current, we give no undertaking as to the availability of Products advertised on the Site.

              Price and Payment

              The price of any Products will be as quoted on the Site from time to time, except in cases of obvious error. These prices include Goods and Services Tax where applicable. Delivery costs as shown at the time you place the order will be added to the total amount due and included in the total amount due. Prices are liable to change at any time, but changes will not affect any orders We have accepted.

                Payment for all Products must be by a credit card or PayPal or, if agreed, another method such a direct debit. We accept payment including by PayPal, AMEX, MasterCard and VISA.

                Delivery

                We will use best efforts to dispatch Products within three business days of the order being placed by you on the Site, but we do not guarantee that we will do so. Any delivery dates suggested are estimates only, and We are not liable for any losses caused by late delivery.

                  You will be notified by email when Your order has been dispatched. Details of the products We have sent You will be listed in the email. We will automatically refund You to the payment method You used when placing the Order for any Products we are unable to supply.
                    Products will be dispatched to the address provided to Us by You via the Site. Invoices will be emailed to the e-mail address provided to Us by You via the site.

                      Ownership and Risk in the Product will pass to you when the Products are delivered to the shipping address provided by You on your order form.

                      Cancellation by Us Due to Error

                      You acknowledge that despite our reasonable precautions, Products may be listed at an incorrect price or with incorrect information due to a typographical error or similar oversight. In these circumstances, we reserve the right to cancel the transaction notwithstanding that Your order may have been acknowledged and your credit or debit card charged. We reserve this right up to the time of dispatch of the Products to You. If a cancellation of this nature occurs after you have been charged, we will issue a credit to your payment option for the amount in question.

                      Refunds and Returns

                      Our Exchange and Return policy is set out on our web site. It forms part of these terms and conditions and you should read it.
                      Consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of those guarantees. For more information about your rights as a consumer, see the Australian Consumer Law website at www.consumerlaw.gov.au.

                      Where You are entitled to a statutory guarantee under sections 54 to 59 of the Australian Consumer Law then to the extent that We fail to comply with such guarantee, liability for a failure to comply with such statutory guarantee is limited to one or more of the following, at Our option:

                      • the replacement of the goods or the supply of equivalent goods;
                      • the repair of the goods;
                      • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
                      • the payment of the cost of having the goods repaired, Our limit of liability for defective goods is, at your option, a refund or resupply of the goods.

                      unless it is not fair or reasonable for Us to rely on this term of the agreement.

                      Products purchased at discounted prices

                      From time to time We may run promotions offering some or all products at discounted prices, otherwise known as 'sales'. Discounted price promotions always exclude Gift Cards.

                      Discounted price promotions may be withdrawn at any time without notice and despite any communication advising of a specific duration for the promotion.

                      Where a product is purchased at a discounted price (i.e. 'on sale') the following terms apply:

                      • No change of mind refunds for purchases made
                      • The discounted price is not available in conjunction with any other offer or discount (e.g. sign-up or review discounts)

                      Notices

                      All notices given by You to Us must be given to us at Tower 2, Level 14, Suite 1401, 101 Grafton Street, Bondi Junction NSW 2026 Australia, or by email to hello@thedayahead.com.au We may give notice to you at either the e-mail or postal address You provide to Us when you registered to become a registered user with Us, or updated details as held within the Site on "My Details".

                      Events outside 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 (a Force Majeure Event).

                        You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system or data.

                        Entire agreement

                        These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

                        General
                        You must adhere to the Terms of Website Use governing the use of our Site and our Privacy Policy which are deemed to be incorporated in these terms and conditions and can be found on the Site.
                          For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Site or any linked web site.
                            Responsibility for the content of advertisements appearing on the Site (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.

                              You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on the Site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

                              Privacy Policy

                              We undertake to comply with the terms of our Privacy Policy which may be accessed via the Site

                              Governing Law

                              These terms and conditions are governed by the laws in force in the State of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

                               

                              Website Terms of Use

                              These Terms of Use ("Terms") govern your use of our website located at www.thedayahead.com.au (Site) and form a binding contractual agreement between you, the user of the Site and us, The Day Ahead Pty Ltd.

                              These Terms are important and you must ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us at hello@thedayahead.com.au

                              By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, you must not use the Site.

                              Licence to use Site

                              We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.

                                You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.

                                You must not add any content to the Site:

                                • unless you hold all necessary rights, licences and consents to do so;
                                • that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
                                • that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
                                • that would bring us, or the Site, into disrepute; or
                                • that infringes the intellectual property or other rights of any person.

                                  The Site may contain links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.

                                  You acknowledge and agree that:

                                  • we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
                                  • the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

                                  Intellectual Property Rights

                                  Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.

                                  By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.

                                  You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

                                  The consent in clause 2.3 will survive any termination of these Terms.
                                  You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2.2 and 2.3.

                                  Warranties

                                  You represent and warrant to us that:
                                  • you have the legal capacity to enter these Terms; and
                                  • you have complied with clause 1.3.
                                  Liability
                                    To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.

                                      To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

                                      These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

                                      • in the case of goods:
                                        • the replacement of the goods or the supply of equivalent goods;
                                        • the repair of the goods;
                                        • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
                                        • the payment of having the goods repaired, and
                                      • in the case of services:
                                        • the supply of the services again; or
                                        • the payment of the cost of having the services supplied again.

                                      Termination

                                      These Terms terminate automatically if, for any reason, we cease to operate the Site.

                                      We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

                                      General

                                      You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.

                                      If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

                                      Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

                                        This Agreement is governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.

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