Terms and Conditions
General Terms and Conditions of Sale
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
"Takeaway" refers to the food outlet you wish to place an order with
"Website" means www.cinnamonscent.com.au
These Terms and Conditions govern the sale of all goods by us and will form the basis of the contract between you and us. If you wish to place an order with us, our Website/Application will guide you through the ordering process. Before submitting your order to us, you will be given the opportunity to review and amend it. Please ensure that you have checked your order and that you have read these Terms and Conditions carefully before submitting it. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.
Price Draw General Terms & Conditions
- The following terms and conditions (Terms) will apply to all prize draws run by Cinnamon Scent
- Prize draws will also be subject to additional terms and conditions which are specific to each prize draw (Specific Terms) which can be found on the specific prize draw webpage.
- Entrants are deemed to have accepted and agreed to be bound by these Terms and any Specific Terms upon entry. Cinnamon Scent reserves the right, at its sole discretion, to refuse entry to this and future prize draws, or refuse to award the prize to anyone in breach of these Terms and/or any Specific Terms.
- Prize draws are open to all Australian residents aged 18 or over, except employees of Cinnamon Scent, its associated, holding or subsidiary companies, and their families, agents, or any third party directly associated with the prize draws.
- In entering into a prize draw, the entrant confirms that they are eligible to do so and eligible to claim any prize that they may win. Cinnamon Scent may require the entrant to provide proof of their eligibility.
- Cinnamon Scent reserves the right to redraw a prize draw winner if the relevant prize is not accepted or claimed within the time period stated in the applicable Specific Terms.
- The prize for the winner is non-exchangeable, non-transferable and no cash alternative is offered.
- Entrants must ensure that they are able to accept the relevant prize, as set out and in accordance with these Terms and any applicable Specific Terms.
- Cinnamon Scent reserves the right to replace the prize with an alternative prize of equal or higher value if circumstances beyond Cinnamon Scent's control makes it necessary to do so.
- Cinnamon Scent reserves the right to hold void, cancel, suspend, amend or withdraw any prize draw at any time without prior written notice where it becomes necessary to do so.
- The decision of Cinnamon Scent regarding any aspect of any prize draw is final and binding and no correspondence will be entered into about it.
- Insofar as is permitted by Australian law, Cinnamon Scent, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury, or death occurring as a result of taking up the prize except where it is caused by the negligence of Cinnamon Scent, its agents or distributors or that of their employees. The entrant’s statutory rights are not affected.
- Cinnamon Scent reserves the right to amend any of these Terms and any of the Specific Terms at any time without prior written notice where it becomes necessary to do so.
- Prize draws will be governed by Australian law and the entrants submit to the exclusive jurisdiction of the courts of Australia
We ‘Cinnamon Scent PTY LTD ’ are an online portal website which acts as an interface between the consumer and the food providers listed on our website. The legal contract for the purchase of the goods and food delivery service is between you (the customer) and the food provider that you place your order with, we are acting only as an agent.
When you place an order, you will receive an acknowledgement e-mail and/or webpage confirming receipt of your order: this email and or webpage will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by the medium used for placing the order (SMS, e-mail or other appropriate digital means) that the goods which you ordered have been dispatched to you. Only those goods listed sent at the time of dispatch will be included in the contract formed.
Pricing and Availability
All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. In order to contract with https://cinnamonscent.com.au/ you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. https://cinnamonscent.com.au/ retains the right to refuse any request made by you. If your order is accepted we will inform you by email and, SMS or via the website. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
When you place an order, you will receive an acknowledgement e-mail and/or webpage confirming receipt of your order: this email and or webpage will only be an acknowledgement and will not constitute acceptance of your order. A contract between the Takeaway not with Cinnamon Scent directly, will not be formed until we send you confirmation by the medium used for placing the order (SMS, e-mail or other appropriate digital means) that the goods which you ordered have been dispatched to you. Only those goods listed sent at the time of dispatch will be included in the contract formed.
Pricing and Availability
Whilst we try to ensure that all details, descriptions and prices which appear on this Website/Application are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will not be eligible for a refund from https://cinnamonscent.com.au/. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
How to Place an Order
- Check the opening hours of your chosen takeaway, as orders will not be fulfilled outside of these times.
- Select the products you wish to order by clicking the “Add to Basket” link shown for the item.
- The items that you have chosen can be reviewed at any time by clicking the “View Basket” button.
- When you have chosen what you would like to order click the button “checkout” to complete your order. You will then be asked to provide delivery and payment information via secure web pages. Please review your order before submission to avoid any problems.
- Click “place my order”
- Once you have received a confirmation email this means we have accepted your order.
- Once you have received confirmation of dispatch email/sms this confirms the contract is formed with the takeaway of choice.
- If you make a mistake during the ordering process, please contact us as soon as possible. To change or cancel your order please contact the FH Customer Support team who will attempt to resolve your request. FH will contact the Takeaway on your behalf but cannot guarantee your request will be accepted as food processing may already be underway.
All online card payments are made to Cinnamon Scent PTY LTD. Payments made to Cinnamon Scent PTY LTD will appear on your statement as Cinnamon Scent. Upon receiving your order, we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a full payment against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email, SMS or notification on the website, the monies paid shall be used for the value of goods you have purchased as listed. In the event that a Takeaway rejects your order, for whatever reason, once an order has been initiated where necessary; we will send confirmation by the medium SMS, email or other appropriate digital means to point out the affected user of the cancellation and that the refund has been initiated.
Times given for collection and delivery are only approximate; neither Cinnamon Scent nor the Takeaway can provide an exact time for delivery but endeavour to deliver within the approximate delivery time specified when you place your order.
Refunds & Charge-backs
Online payments made through https://cinnamonscent.com.au/ are handled by Cinnamon Scent PTY LTD. Payments made through Cinnamon Scent PTY LTD will appear on your statement as Cinnamon Scent for refunds, charge-backs or disputes for online paid orders, please contact us on the details mentioned below. If an unrecognised transaction appears on your card / statement from Cinnamon Scent PTY LTD, please contact us on the follow details:
Order Cancellation and Amendments
Once the order has been confirmed and payment taken from your account, you will be unable to cancel your order and will not be eligible for a refund. To change or cancel your order please contact the Cinnamon Scent who will attempt to resolve your request. Cinnamon Scent will contact the Takeaway on your behalf but cannot guarantee your request will be accepted as food processing may already be underway.
If the order received does not meet your expectation you can provide feedback to the Takeaway via the feedback page Cinnamon Scent's website or the mobile application. Feedback submitted will be reviewed and displayed on the respective Takeaway's profile page.
Cinnamon Scent wants its customers to be happy with their orders, however should something go wrong, you have the legal right to receive goods which are as described and of satisfactory quality and take into account any specific requirements given at the time of order and which Cinnamon Scent has agreed to prior to placing your order. If you believe the items received are not in line with your rights described above, please contact us. We may request photographic evidence of the issue and the items concerned, where that is a suitable medium to identify the problem. We will provide a refund, partial refund or account credit not excluding delivery charges, if the whole order is affected, unless we have reasonable cause to believe the Problem occurred post delivery.
Prior to processing any refund or account credit, we may look into your account history, receive feedback from the takeaway about the specific order, look at the delivery process and any other factors we deem reasonable.
Cinnamon Scent will attempt to assist you and resolve any enquiry where possible regarding your order. You can contact Cinnamon Scent by clicking "Contact Us" on the Website/Application and submitting your request via the provided contact form.
https://cinnamonscent.com.au/ shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website/Application.
If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) will be deemed severed from the remainder of these Terms and Conditions and the remainder will be valid and enforceable.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Law and Jurisdiction
These Terms and Conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by and construed in accordance with the laws of Australia.
If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in the above clause takes away or reduces your rights as a consumer to rely on those provisions.
Any dispute, controversy, proceedings or claim between you and us relating to these Terms and Conditions, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of Australia.