TERMS & CONDITIONS

1.1 These are the website terms and conditions of Food Logistics Systems Pty Ltd trading as
“Bonculina” (ABN 47 646 471 534) in Australia.
1.2 We operate the website – www.bonculina.com.au (the “website”).
1.3 This document (together with the documents referred to in it) tells you the terms and
conditions on which we will supply to you the products (“Products”) listed on our website
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.
1.4 These Terms and Conditions were most recently updated on 1 July 2023 and apply to
sales to consumers.
1.5 If you use or order Products after we have published any changes you will be bound by
those changes. You should check prior to each use or order to ensure that you understand
the precise terms & conditions applicable to your visit to our website, or purchase.
1.6 You should print a copy of these terms and conditions for future reference.
1.7 Please tick the checkbox in the shopping basket to accept these terms and conditions.
Please understand that if you refuse to accept these terms and conditions, you will not be
able to order any Products from our website.

SERVICE AVAILABILITY
Our website is only intended for use by people residing in Australia.

2. YOUR STATUS
By placing an order through our site, you warrant that:
2.1 you are legally capable of entering into binding contracts.
2.2 you are at least 18 years old.
2.3 you are a resident of Australia; and
2.4 you are accessing our site from Australia.

3. PURCHASE CONTRACT
3.1 All use of our website and purchases made on this Website are governed by these terms
and conditions. After placing an order via our website, 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 constitutes an offer to us to buy Products by
subscribing to a Service. Subject to our cancellation rights set out in clause 4.5 below,
acceptance of your order and completion of the contract between us (the “Contract”) will
take place when we dispatch the Products to you. After the contract has been formed you
will be sent a dispatch confirmation (“Dispatch Confirmation”) via email and/or SMS
message as applicable from our third-party couriers.
3.2 The subscription plan to our Services consists of an initial charge and then followed by
recurring period 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 deactivation. Bonculina may submit
periodic charges 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 Bonculina reasonably could act. To
terminate your authorisation or change your payment method email info@bonculina.co.uk
or follow the instructions on our website.

4. OUR PRODUCTS
4.1 The images of Products on our website are for illustrative purposes only. Your Products
may differ slightly from those as displayed on our website and food by its nature may vary in
colour and size. The packaging of Products may also vary from as shown on our website.
4.2 You are responsible for opening and inspecting the Products upon delivery and storing
them correctly. You are also responsible for the cooking of our Products. We accept no
liability for any loss, damage or injury arising because of the incorrect storage or cooking of
our Products.
4.3 Our recipe cards include details of all allergens which may be contained within our
Products. However, it is your responsibility for checking our packaging and w ebsite to
ensure that a Product does not contain a relevant allergen to you. Our Products include
ingredients from third party suppliers who are responsible for labelling their ingredients
correctly. Whilst we undertake rigorous checks in accordance with our legal obligations prior
to using all third-party suppliers, in circumstances where a third-party issue a product recall
for whatever reason, we accept no liability for any loss, damage or injury caused by an
ingredient recall or incorrect labelling.
4.4 Products are subject to availability and prevailing market conditions. In the event of non-
availability of any Products you order, we may offer a reasonable substitute. It is our policy
to notify you of any substitute items via email prior to delivery where possible giving you the opportunity to accept or reject the item prior to the point of delivery. If you are not happy
with any substitution, please contact us at info@bonculina.com.au.
4.5 We offer our Products at different prices depending on the number of meals selected
and we offer various plans. The price of these plans are dependent on when you first signed
up to receive our Products. Please see our website to view the most recent deals and offers. 

5. VOUCHERS AND GIFT CARDS
5.1 We may offer gift cards, discount promotions and other types of vouchers (“Voucher”)
which require activation by email application for the holder to commence delivery of
Products through our Service. If paid for, the Voucher is deemed to have been sold at the
time of payment for it. All 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.
5.2 A Voucher may only be used once by its Holder 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.
5.3 We reserve the right to withdraw or deactivate any Voucher (other than a paid-up gift
card) for any reason at any time.
5.4 Vouchers may only be redeemed through our 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.
5.5 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.
5.6 Vouchers (including credits to your accounts are not available for use in connection with
surcharge items, premium items, or extras. We reserve the right to exclude the use of
Voucher codes on specific products.
5.7 We reserve the right to cancel Vouchers at any time. We also reserve the right to reject
Voucher codes if we suspect any fraud.

6. CONSUMER RIGHTS
6.1 You may deactivate an order, or cancel your subscription at any time, however you must
do so by the Tuesday the week before your delivery. To deactivate you must email
info@bonculina.com/au by 7pm, or: 6.2 Follow the steps to deactivate online, which must be completed by midnight on the
Tuesday the week before your delivery.
6.3 If you wish to cancel your order prior to receiving your first box, please contact
customer care at: info@bonculina.com.au prior to 7pm on the Tuesday the week before
your delivery. You are not able to cancel your first box via our online services.

7. AVAILABILITY AND DELIVERY
7.1 For the purpose of these terms and conditions, free standard delivery is defined as
deliveries to all addresses where our delivery service extends to. If you have any questions
regarding our delivery locations, please contact us at info@bonculina.com.au. Customers
will be notified of the relevant surcharge before placing an order.
7.2 Delivery windows stated on our website or via Email are an indication, and not a
guarantee of delivery within these hours. We reserve the right to deliver your box at any
point on the day of delivery set out in the dispatch confirmation.
7.3 Delivery will be completed when we, or our authorised courier company, deliver the
Products to the address you gave us. If no one is available at your address to take delivery,
we, or our authorised courier company, will follow the delivery instructions provided to us
by you. If no leave safe instructions are specified, the order will be left in an area that the
authorised courier company considers safe.
7.4 The leave safe location specified by you shall be within the area of the delivery address
and shall be accessible to the courier. We will endeavour to follow any delivery instructions
you provide but this cannot be guaranteed.
7.5 The courier company may try to contact you on the telephone so that delivery can take
place. The delivery driver will use the telephone number associated with your account,
which may also be printed on the delivery label.
7.6 Bonculina’s obligation to deliver the box shall be fulfilled once the courier delivers the
box at the safe spot specified by you or the box is considered safe by the courier.
7.7 If the personal handover of the box is not possible and no leave safe is available
Bonculina may also deliver the box to a nearby household or business. A household or
business shall be regarded ‘nearby’ if the recipient resides in the same building as the
original addressee. In addition, the box may also be delivered to a recipient residing in
proximate walking distance to the delivery address (e.g. same housing complex, building on
the opposite side of the street, next-door building). All nearby households and businesses
are subsequently referred to as “neighbours”.
7.8 The customer will be notified of such delivery to a neighbour by delivery notice or via
email. If neither a personal handover nor a delivery to a neighbour is possible, you will be in
default of acceptance.
7.9 Bonculina will not attempt a further delivery. You are obliged to bear all expenses
related to aforesaid default of acceptance.
Bonculina reserves the right to change your delivery date with prior notice. If we have left
your Products in your safe place, or another place deemed safe by our driver, and they are
stolen or damaged, we do not accept liability, but may offer you a refund or other
compensation at our complete discretion. 

8. RISK AND TITLE
8.1 Once the delivery is completed, according to the preceding paragraph (i.e. signed for by
a customer, left in a safe spot as specified by the customer or considered safe by authorised
courier company, or delivered to a neighbour if no leave safe is provided or available) the
risk of any damage or loss of the box will be with the customer. Bonculina shall not be held
liable for any damage, defect or loss which may occur thereafter.
8.2 You are fully responsible for any damages or losses due to any ambiguity regarding the
safe spot specified by you. Bonculina is not obliged to review the safe spot as to its general
suitability.
8.3 Refusal of the box does not negate the charge for the Services. Bonculina will not be
liable for any losses sustained by the customer relating to a refusal of delivery by our
authorised courier company.

9. PRICE AND PAYMENT
9.1 The price of the Products and delivery charges will be as quoted on our website when
your order or subscription is created, except for in cases of obvious error.
9.2 All subsequent orders will be the same cost unless a change is made to the subscription
by the customer e.g. change of box type.
9.3 Product prices include GST.
9.4 Product prices and delivery charges are liable to change at any time, but the changes will
not affect orders in respect of which we have already sent you a Dispatch Confirmation.
9.5 Payment for all Products and Services must be by credit or debit card. We accept
payment with Visa, Mastercard, and Amex.

9.6 Payment details are stored securely by a third party to allow recurring payment for
future orders. Further details are set out in our privacy policy available on our website.
Bonculina does not have access to view your full credit or debit card details.
9.7 Payment is processed the morning after the deadline (e.g., for a cut-off on Tuesday at
23:59 payment for the order will be processed Thursday morning).
9.8 If payment for your order is unsuccessful the Product may still be dispatched, and the
sale will be deemed to have occurred.
9.8.1 In such circumstances Bonculina will re-attempt payment through the recurring
payment method.
9.8.2 It is your responsibility to ensure sufficient funds are available to process the payment
for the order or update payment details if required.
9.9 If our third-party payment provider has new card details (e.g. your previous card expired
or was lost or stolen) these will be updated on our system automatically in order to process
future payments on your subscription.

10. PAYMENT COLLECTION
10.1 If payment is not processed when re-attempted by Bonculina we reserve the right to
recover the debt through alternative means, either directly or through a third-party debt
collection agency.
10.2 Bonculina may contact you via email, letter, call or text to retrieve the funds.
10.3 If you fail to settle the outstanding balance or contact Bonculina within ten days of the
delivery date we may charge interest to you on the overdue amount at the rate of 4% a year
above the base lending rate of our bank at the time the debt was incurred. This interest
shall accrue daily from the due date until the date of actual payment of the overdue
amount, whether before or after judgment. You must pay us interest together with any
outstanding amount.
10.4 If the payment has not been settled or we do not gain any satisfactory guarantee for
payment your contact details and order information may be referred to a third-party debt
collection agency. You will be liable for any fees or charges incurred due to this referral.
10.5 We reserve the right to suspend or terminate your service when there is an
outstanding balance on your Bonculina account.

11. OUR REFUNDS POLICY

11.1 If you are unhappy with your box 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 as long as it can be shown that the box you were charged for was not supplied as it
should have been.

12. WARRANTY
12.1 We warrant to you that any Product purchased from us through our site 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.

13. OUR LIABILITY
13.1 Subject to clause 14.2, if we fail to comply with these terms and conditions, we shall
only be liable to you for the purchase price of the Products.
13.2 Nothing in this agreement excludes or limits our liability for:
13.2.1 Death or personal injury caused by our negligence.
13.2.2 Fraud or fraudulent misrepresentation.
13.2.3 Any breach of the obligations implied under the prevailing Australian Consumer Law
13.2.4 Defective products under the Australian Consumer Law; or
13.2.5 Any other matter for which it would be illegal for us to exclude or attempt to exclude
our liability.

14. WRITTEN COMMUNICATIONS
14.1 Applicable laws require that some of the information or communications we send to
you should be in writing. When using our website, you accept that communication with us
will be mainly electronic. We will contact you by e-mail or provide you with information by
posting notices on our website. For contractual purposes, you agree to this electronic means
of communication and you acknowledge that all contracts, notices, information and other
communications that we provide to you electronically comply with any legal requirement
that such communications be in writing. This condition does not affect your statutory rights.

15. NOTICES
15.1 All notices given by you to us must be given to Bonculina at info@bonculina.com.au.
We may give notice to you at either the e-mail or postal address you provide to us when
placing an order. Notice will be deemed received and properly served immediately when
posted on our website, 24 hours after an e-mail is sent, or two 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.

16. TRANSFER OF RIGHTS AND OBLIGATIONS
16.1 The Contract between you and us is binding on you and us and on our respective
successors and assignees.
16.2 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.
16.3 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.

17. INTELLECTUAL PROPERTY RIGHTS
17.1 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.
17.2 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.
17.3 If you post comments on the Products or Services to any website, blog or social media
network 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 website and in any advertising or social media outlets which we may create or
contribute to.

18. EVENTS OUTSIDE OUR CONTROL
18.1 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”).
18.2 A Force Majeure Event includes any act, event, non-happening, omission, or accident
beyond our reasonable control and includes (without limitation) the following:
18.2.1 Strikes, lockouts, or other industrial action.
18.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war
(whether declared or not) or threat or preparation for war. 18.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural
disaster.
18.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other
means of public or private transport.
18.2.5 Impossibility of the use of public or private telecommunications networks; and
18.2.6 The acts, decrees, legislation, regulations, or restrictions of any government.
18.3 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.

19. WAIVER
19.1 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.
19.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
19.3 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 12 above.

20. SEVERABILITY
20.1 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.

21. ENTIRE AGREEMENT
21.1 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. 

21.2 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.
21.3 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.
21.4 Nothing in this clause limits or excludes any liability for fraud.

22. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
22.1 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.
22.2 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).

23. LAW AND JURISDICTION
23.1 Contracts for the purchase of Products through our website and any dispute or claim
arising out of or in connection with them or their subject matter or formation (including
non-contractual disputes or claims) will be governed by Australian law. Any dispute or claim
arising out of or in connection with such Contracts or their formation (including non-
contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts
of Victoria, Australia.