This policy (together with the documents referred to on it) sets out the terms and conditions on which
MarleySpoon PTY LTD ACN 603 969 571 (Marley Spoon, we or us) will supply to you the products
(Products) listed on our website www.marleyspoon.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.
You should print a copy of these terms and conditions for future reference.
The Website is only intended for use by people residing in Australia. We do not accept orders from individuals
outside Australia. For orders in the Netherlands, please visit www.marleyspoon.nl. For orders in Germany, please
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.
Formation of Contract – Flexible Subscription
After placing an order for flexible 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 flexible subscription constitutes an offer to us to buy the flexible 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.
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 or skip your subscription at any time before the cut off period. The cut off period to edit, skip
or cancel your order is 6 days prior to your delivery in NSW, ACT, WA and VIC.
Monday deliveries: Changes can be made up to 11.59pm to the prior Tuesday
Tuesday deliveries: Changes can be made up to 11.59pm the prior Wednesday
Wednesday deliveries: Changes can be made up to 11.59pm the prior Thursday
Friday deliveries: Changes can be made up to 11.59pm the prior Saturday
Saturday deliveries: Changes can be made up to 11.59pm the prior Sunday
Cancellation of an order after the cut off time will result in a full charge of the order.
The cut off period to skip, edit or cancel your order is 7 days prior to delivery in SA, QLD, TAS, NT and Tweed
Monday deliveries: Changes can be made up to 11.59pm the prior Monday
Tuesday deliveries: Changes can be made up to 11.59pm the prior Monday
Friday deliveries: Changes can be made up to 11.59pm the prior Friday
Saturday deliveries: Changes can be made up to 11.59pm the prior Saturday
Cancellation of an order after the cut off time will result in a full charge of the order.
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.
Cancelling your flexible subscription is easy. You can do so over the phone by calling Marley Spoon on 02 6145
2910 or by e-mailing email@example.com.
We reserve the right at our absolute discretion not to renew your subscription at any time without giving any
reasons for our decision.
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. Gift vouchers cannot be refunded once purchased. 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
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.
The Everyday Rewards program is a Woolworths operated loyalty program. If you participate as a member in the Everyday Rewards program, your participation (including the rights and obligations associated with participation) is governed by separate terms and conditions between Woolworths and you. You can view the terms and conditions of the Everyday Rewards program here: woolworthsrewards.com.au/terms.
Marley Spoon customers will need to create an online account at marleyspoon.com.au and link their registered Everyday Rewards account in their Marley Spoon User Information page to start collecting Everyday Rewards points on eligible purchases. Customers will earn 1 Everyday Rewards point for every* dollar spent on marleyspoon.com.au – specifically the website or mobile application accepting payment. Customers will earn Everyday Rewards points for every paid and delivered order made with Marley Spoon, after discounts, vouchers or referral offers have been applied. Customers will not earn Everyday Rewards points on Marley Spoon Gift Card vouchers.
*Points exclusions, terms and conditions apply. Visit everydayrewards.com.au/terms for more information. In addition to the above terms and conditions, by participating in the Everyday Rewards program you must agree to the Everyday Rewards Terms and Conditions.
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
Risk and Title
The Products will be at your risk from the time of delivery.
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.
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.
Our Refund Policy
If you are unhappy with your Product for a legitimate reason such as:
the box was missing ingredients;
the box was damaged; or
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 firstname.lastname@example.org or on 02 6145 2910 within seven (7) days of receiving your
delivery to qualify for a refund.
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.
Subject to clause 12.2, 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.
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
any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
All disputes to be lodged at email@example.com in writing, explaining the details of the dispute.
All notices given by you to us must be given to Marley Spoon at firstname.lastname@example.org 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:
immediately when posted on the Website;
24 hours after an e-mail 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 e-mail, that such e-mail
was sent to the specified e-mail address of the addressee.
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.
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.
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:
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
impossibility of the use of public or private telecommunications networks; and
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.
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.
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).
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.