Le Puree Australia

  1. Purpose Of Policy

    • This policy (together with the documents referred to on it) sets out the terms and conditions on which Le Puree ABN 15 155 157 007 (Le Puree, we or us) will supply to you the products (Products) listed on our website www.lepuree.com (Website, site)

    • 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.

    • You should print a copy of these terms and conditions for future reference.

  2. Service Availability

    • The Website is only intended for use by people residing in Australia. We do not accept orders from individuals outside Australia.

    • Your Status

      1. By placing an order through our site, you warrant that:

        1. you are legally capable of entering into binding contracts;

        2. you are at least 18 years old;

        3. you are resident in Australia;

        4. you are accessing our site from Australia; and

        5. you live in our delivery area.

  3. Formation of Contract – Subscription

    1. After placing an order for subscription on our standard order form, 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. Your order of subscription constitutes an offer to us to buy the subscription. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been ordered (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.

    2. By subscribing to the Website, you agree to pay recurring periodic subscriptions for an indefinite time until cancelled by you or us, as laid out in these terms. You can cancel your subscription at any time before the cut off period. The cut off period for Sunday deliveries: Changes can be made up to 9pm the prior Wednesday. Cancellation of an order after the cut off time will result in a full charge of the order.

  4. You will not be charged for any cancellation prior to the cut off. 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.

    1. Cancelling your flexible subscription is easy. You can do so over the phone by calling Le Puree on 0423 489 425 or by e-mailing hello@lepuree.com

    2. We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.

  5. Vouchers and Gift Cards

    • We may offer gift cards, discount promotions and other types of vouchers (Voucher) which require to be activated by email application in order for the holder to commence delivery of Products. 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 you when you redeem the Voucher by purchasing a Product.

    • Any Voucher may only be used once by you and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval. Only one voucher is allowed to be applied per order. Only one account is allowed per allocated delivery address.

    • We reserve the right to withdraw or cancel any Voucher (other than a paid-up gift card) for any reason at any time.

    • Vouchers may only be redeemed through the Website 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.

    • Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges, which will be chargeable at normal rates.

    • We reserve the right to exclude the use of voucher codes on specific products.

  6. Availability and Delivery

    • Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

    • We only deliver to addresses within the Service Areas. Depending on the location or the time of the delivery a fee may apply. This will be communicated at the point that you place your initial Order.

    • If we implement a delivery fee for an existing Service we will advise you 14 days before the fee becomes effective so that you will have the opportunity to cancel any future orders before the fee is effective.

    • We will deliver the Products to the front door of your nominated delivery address (Delivery Address). You must make all appropriate arrangements to assist and allow us to deliver the Products, including ensuring safe access and obtaining any prior security or other approvals which may apply to the Delivery Address.

    • Please take care when placing your Order. We accept no liability or responsibility for incorrectly placed Orders. Nor do we accept liability or responsibility for delivery details which are incorrectly supplied, or which you fail to supply.

    • If you will not be at home at the expected delivery time, we recommend you nominate a cool safe place for delivery of the Products. If you do not provide a specific place for delivery, we will leave the Products at your front door. If you advise us of any specific delivery instructions in an Order, we will endeavour to comply with these instructions to the extent reasonably within our control.

    • You will be responsible for an Order from the time we deliver the Products in accordance with your instructions. We accept no liability or responsibility for any Product once the Product has been delivered to you.

    • You understand that we may need to change your delivery date and window from time to time. We will notify you as soon as reasonably possible if your delivery date and window changes for any reason.

    • If a re-delivery is required at an alternative time through no fault of Le Puree or our logistics partners an additional fee of $15 may be charged

  7. Risk and Title

    • The Products will be at your risk from the time of delivery to the Delivery Address or in accordance with your delivery instructions.

    • 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.

  8. Price and Payment

    • The price of the Products and our delivery charges will be as quoted on the Website from time to time, except in cases of obvious error.

    • Product prices include GST.

    • We may change Product prices and delivery charges at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

    • Payment for all Products must be by credit or debit card or Paypal. We accept payment with American Express, Visa and Mastercard.

  9. Our Refund Policy

    • If you are unhappy with your Product for a legitimate reason such as:

          1. the box was missing ingredients; or

          2. the box did not arrive,

    We will offer an appropriate refund if it can be shown that the Product you were charged for was not provided as it should have been. Depending on the circumstances, we may, in our sole discretion, provide a full or partial refund of the purchase price, or provide you with Credits to be applied to future deliveries. You must contact customer service at hello@lepuree.com or on 0423 489 425 within seven (7) days of receiving your delivery to qualify for a refund.


    1. Warranty

      • We warrant to you that any Product purchased from us through the Website will, on delivery:

        1. conform with its description;

        2. be of satisfactory quality; and

        3. be reasonably fit for all the purposes for which products of that kind are commonly supplied.

    2. Disclaimer and Limitation of Liability

      • The following paragraphs exclude or limit our liability for your use of the Site. They all apply so far as the law permits

      • While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on the Site, that information is provided in good faith and on an “as is“ and “as available“ basis and we do not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information.

      • You acknowledge that the Products displayed on the Site are not an exact sample and are indicative only and that the Products you receive may vary from those displayed according to seasonal availability.

      • To the extent permitted by law, we do not represent or warrant that the Site will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system.

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

      • Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

      • The collection, use and disclosure of your personal information is also subject to our Privacy Policy.

      • To the extent permitted by law, we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use the Site or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Site.

      • To the extent permitted by law:

        1. our total aggregate liability in connection with these Terms and Conditions is limited, at our option, to:

          1. In the case of the supply of Products:

            1. replacement or resupply of the Products; or

            2. the cost of replacing or resupplying the Products;

          2. In the case of the supply of Services:

            1. supplying the relevant Services again; or

            2. the cost of supplying the relevant Services again, and;

            3. in any event, will not exceed the fees paid by you to us under the relevant Order.

      • To the extent permitted by law, under no circumstances will we be liable for any loss of profit, loss of revenue, loss of contract, loss of business opportunity, loss of reputation, loss of data or any indirect or consequential loss arising in connection with these Terms and Conditions or the Services.

      • You are solely responsible for, and assume all risks related to, the proper and safe handling, storage, use and consumption of the products you receive from us. Le Puree should always be used with adult supervision. Some products contain large pieces of fruits and vegetables and should be fed to children with care. You are solely responsible for knowing about any food allergies you or your child may have and verifying the products and their contents before handling, using or consuming such products. Further, you understand, acknowledge and agree that we cannot guarantee that our products are free of allergens.

      • Nothing on the website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to feeding and nutritional matters you should consult an appropriate professional.

      • Nothing in these Terms and Conditions is intended to limit your rights as a consumer under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. Disputes

    3. Notices

      • All notices given by you to us must be given to Le Puree at hello@lepuree.com. We may give notice to you at either the e-mail 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:

        1. immediately when posted on the Website;

        2. 24 hours after an e-mail is sent; or

        3. 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

    4. Transfer of rights and obligations

      • Any Contract between you and us is binding on you and us and on our respective successors and assignees.

      • 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.

      • 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.

    5. 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 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.

    6. 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 (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:

        1. strikes, lockouts or other industrial action;

        2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

        3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

        4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

        5. impossibility of the use of public or private telecommunications networks; and

        6. 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.

    7. Waiver

      • 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.

    8. Severability

      • 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.

    9. 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.

    10. Variation of these 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).

    11. Governing law

      • The laws applicable in New South Wales 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 New South Wales and any courts competent to hear appeals from those courts.