Retail Customer Agreement

Effective Date: 1 October 2025
Company: Stoke Bites Pty Ltd
ACN: 673 588 371

This Agreement is a contract between you and Stoke Bites Pty Ltd (ACN 673 588 371) when you shop using the Stoke Bites website or the Stoke Bites App ("Stoke Bites"). It sets out how you can purchase goods from Stoke Bites website. By completing the customer application process and using Stoke Bites website, you are bound by this Agreement.

1. Interpretation

In these conditions:

Agreement is an agreement between you and Stoke Bites to supply goods and consists of the Order and these Conditions.
Stoke Bites App means the Stoke Bites mobile Application.
Conditions are these conditions, and any additions or variations.
Delivery Address is the address where the goods are to be delivered as stated on the Order.
Delivery Fee is the fee payable to Stoke Bites for delivery of the goods to your Delivery Address and handling and other costs associated with processing your order.
Delivery Partners are third-party providers engaged by Stoke Bites to provide delivery services in connection with an Order, including delivery through Australia Post.
Goods are items in an order, and include packaging.
Intellectual Property Rights includes copyright, trademarks, patents, designs and protection of confidential information.
Loss means any loss including any liability, cost, expense, claim, proceeding, action, demand or damage.
Order is an order by you to purchase goods via Stoke Bites website from Stoke Bites.
Product is the individual Goods displayed on Stoke Bites website.
Related Corporation has the same meaning as "related body corporate" in the Corporations Act 2001 (Cth.).
Unattended Delivery refers to an Order where you have instructed Stoke Bites or otherwise agreed that the Goods can be left unattended at the Delivery Address or such other spot that Stoke Bites determines is suitable at the time of delivery.

2. The Agreement

An agreement exists once Stoke Bites accepts an Order from you which occurs when your order and payment or payment pre-authorisation is processed. Each Order is a separate Agreement and the terms may change between Orders.

3. Customer order

Accurate information: Information provided by you in your order must be accurate and complete. You must inform Stoke Bites if there’s a change to your details.

Delivery area: Orders for delivery to addresses that are not in the Stoke Bites delivery area can’t be processed. We’ll let you know if your Delivery Address ceases to be in an area where Stoke Bites delivers Goods.

Date of birth: If a date of birth is required by relevant state or territory laws for orders, you’re required to provide this information at the time of registration, order or delivery. You may need to present valid identification to our drivers or Delivery Partners prior to receiving your order.

Business Customers: Customers wishing to set up a business account can email Stoke Bites Customer Care Team. Business customers will be bound by these conditions, but will also be bound by the additional terms specific to business customers that will be provided at the time of setting up a business account. Customers are not permitted to purchase any items for resale to a third party for retail, wholesale or trade purposes without the prior consent of Stoke Bites.

4. Orders, delivery of goods

Late cancellation fee: If you cancel an Order after the order cut off time, Stoke Bites may charge you and you must pay a late cancellation fee. Late cancellation fees are [insert and describe amounts].

Delivery: Subject to the discretion below, Stoke Bites will deliver the Goods to you at the Delivery Address within the time agreed with you. Stoke Bites won’t commit to delivery beyond the front door of your home or office building. ‘Front door’ means the front door or a point beyond which entry into the interior of the building occurs. If you request Stoke Bites to deliver the Goods beyond your front door and we agree that it is practical and safe to do so, you agree to continually indemnify and hold harmless Stoke Bites (including its officers, employees, contractors and agents) from any Loss suffered or incurred through the delivery of the Goods beyond your front door, except Loss suffered or incurred as a result of Stoke Bites’ fraud, negligence or wrongful act or omission.

Stoke Bites may in its sole discretion, acting reasonably, decide not to deliver Goods at the Delivery Address where it reasonably believes that the Goods are likely to be stolen or damaged, or deem the Delivery Address to be unsafe for any reason. Stoke Bites or its Delivery Partners may also not deliver Goods where valid identification is not shown for items requiring the verification of age and identity. In such cases, Stoke Bites will contact you to arrange alternative delivery options.

Authorised receipt of Goods: Stoke Bites and its Delivery Partners reserve the right to verify the identity of anyone placing, collecting or receiving an order which may include (but is not limited to) requesting identification and/or proof of purchase. For standard home deliveries, anyone at the Delivery Address who receives the Goods shall be presumed by Stoke Bites to be authorised to receive the Goods. For Unattended Deliveries, receipt of goods by an authorised person at the Delivery Address is not required.

Additional delivery fee: For standard home deliveries if there’s no one at the Delivery Address or no one of appropriate age to receive, sign and pay for the Order when the Goods are delivered, the Goods won’t be left at the Delivery Address (unless we are able to contact you to confirm your acceptance of an Unattended Delivery). If the Goods cannot be delivered and/or you do not wish to accept an Unattended Delivery we’ll endeavour to contact you so that we can discuss your options. A cancellation fee may also apply.

Minimum order value: Stoke Bites sets from time to time a minimum order value. The minimum order value excludes the Delivery Fee. Stoke Bites may decide to accept an order which is below the minimum order value. Doing this in one instance won’t oblige Stoke Bites to accept an order which is below the minimum order value at any other time.

Cancellation: If you need to make any changes to or would like to cancel your Order, contact us immediately on the contact us page of our website and we will discuss your options with you.

We may cancel your Order before delivery or in whole or in part. We may do this even if we have received payment from you or sent you a tax invoice. The circumstances in which we may cancel your order are if:

There was any error in the description of any of the Goods in your Order or the price as advertised by us.
Suspected fraudulent activity.
Your order is in breach of this Agreement or any other relevant terms and conditions or is contrary to any law.
Your order is unable to be fulfilled due to unavailability of the products you have ordered from the fulfillment location.

In the event that your Order is cancelled, we will endeavour to contact you as soon as possible, via one or more of your contact details supplied, to advise you of the cancellation. Where an error or unavailability applies, we may cancel that part of your order affected by the error or the unavailability of product.

Large / Bulk orders: Large / bulk orders are defined as any orders containing items that have been ordered above their stated retail limit. It is advised that the customer places any large/bulk orders at least 7 days before their intended delivery day. This is to ensure orders of this nature are fulfilled as adequately as possible by our stores.

5. Risk and title in the goods

Risk and title in the Goods passes to you upon delivery or collection following online payment for the Goods, at the Delivery Address (including an Unattended Delivery at the Delivery Address).

6. Credits and refunds

You can make a claim for a refund or credit if:

You believe that you did not receive or collect Goods that you were charged for.
There is a fault or defect with Goods you have purchased.

Please read our Returns Policy and contact us to lodge your claim. We’ll assess your claim and are happy to offer a credit or refund for any missing or faulty Goods.

For standard home deliveries, Stoke Bites may not, entirely at its own discretion, pick up any Goods that you don’t accept. However, we may need to inspect the Goods before making an assessment, therefore please keep them until we advise they can be discarded.

Credit for the value of any Goods or credits applied for any other reason (including customer care or promotional activity), will be applied to your next Order as long as the Order is worth more than the credit. Any credit is valid for one year from the date of issue. You can check the expiry date or balance of your credits by emailing our Customer Care Team.

Change of mind returns and delivery fees: Please see our Returns Policy relating to Change of Mind returns. Please note: Stoke Bites won’t refund the delivery fee, and Stoke Bites can refuse a refund or exchange if the original invoice isn’t provided.

Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. Regardless of anything in this section 6, you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You’re also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.

7. Price of goods and payment

Delivery Fee: If required by Stoke Bites, you must pay the Delivery Fee for each Order to Stoke Bites.

Additional fees: If charged by Stoke Bites in accordance with clause 4, you must pay any late cancellation fee or additional delivery fee.

Card fees: If charged by Stoke Bites, you must pay eftpos, or credit or debit card processing fee.

Total price of Goods: Goods in your Order are charged at the purchase price published at the time you submit your Order, and that appears on the Order confirmation, except:

if a Good is out of stock, in which case you won’t be charged for that Good;
if you have nominated that you will accept a substitute Good, the substitute Good will be charged at the lower of the original or the substitute price at the time the substitute Good is processed for your Order;
if you modify your Order, all prices will update to the prices current at the time you modify your Order;
if a chargeable weight applies to your order, Stoke Bites reserves the right to apply a handling fee to orders that exceed 10kg.

Pricing Errors: Stoke Bites reserves the right to amend any pricing errors displayed due to human error, computer malfunction or other reason and may exercise its right to cancel the order at any point prior to delivery of the goods pursuant to clause 4 above.

Tax invoice: At the time or shortly after the delivery of goods, we will provide you with a tax invoice (digital receipt) with the total price for the Goods including credits applied and any other fees. Digital Receipts will be accessible for 12 months in your Stoke Bites account. Customers can download a copy of their digital receipt for longer storage on their personal device.

Method of payment: At the time you place the Order, you’ll be required to select your payment method being either online payment by credit card, debit card, PayPal, Shop Pay, Apple Pay or G Pay or customer account for approved business customers. Unless otherwise agreed, in order to receive the Goods you have ordered, payment must be received by the selected payment method.

Pre-authorisation of payment: For some payment methods (including debit and credit cards) Stoke Bites may pre-authorise the amount payable for your Order and only charge you the full amount (adjusted to account for any out of stock items or weight ranged products supplied) at the time we pick your Order. You authorise Stoke Bites to pre-authorise the amount that is payable for an accepted Order from your nominated debit or credit card.

Unsuccessful pre-authorisation of payment: If Stoke Bites is unable to successfully process the pre-authorisation of payment for your Order, your Order will be cancelled.

Saved Credit Cards: Where the customer chooses to save their card details on Stoke Bites website, the customer consents to Stoke Bites storing the card details for use only as a payment method for future purchases they may make.

8. Promo codes

We may from time to time issue promotional codes. These promotional codes are personal to the individuals we issue them to and cannot be transferred or sold. The promotional codes are subject to the terms disclosed at the time of issue. We reserve the right to cancel any or all promotional codes at any time if we suspect error, fraud or any other abuse of the codes is occurring.

9. Set-off

If you owe money to Stoke Bites under one Agreement, Stoke Bites may set-off that money against any money that Stoke Bites owes to you under another Agreement. If Stoke Bites owes money to you under one Agreement, Stoke Bites may set-off that money against any money that you owe it under another Agreement.

10. Out of stocks and substitution

Stoke Bites doesn’t provide rainchecks on Goods ordered by you on Stoke Bites website. Stoke Bites will select for you (unless you advise us otherwise at the time of order at the checkout) a substitution for Goods that are out of stock. Stoke Bites will try to ensure that all Goods you order (and any agreed substitutes) are supplied. Stoke Bites can limit sales to reasonable or normal household quantities. Substitute items are charged at the lower of the original and the substitute price.

Where a Product that you have selected is substituted with another Product, we cannot ensure that substitute Product caters to your specific dietary requirements, including allergies. Please read the labels of each Product (and any substitute Product provided to you) for dietary and allergy information.

11. Packaging and labelling of goods

Stoke Bites aims to provide up-to-date pictures and details of the Goods on our website. At times, the picture or details of the Goods may differ from the Goods actually supplied to you. If you have any questions about the Goods in your Order, please contact us through our website. Please read the labels carefully before consuming Goods.

12. Intellectual property rights

You acknowledge that Stoke Bites or its related bodies corporate own or are licensed to use all Intellectual Property Rights in Stoke Bites website, including any images, photographs or text that appears on Stoke Bites website. You must not make any representation to the contrary and you must not use or copy Stoke Bites website in any manner inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. You acknowledge that any trademarks or logos that appear on Stoke Bites website are owned by or licensed to Stoke Bites or its related bodies corporate, and that you must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.

13. Liability

Stoke Bites will use reasonable care and skill in providing Stoke Bites website for your use.

Subject to the clauses below, we are responsible for Loss suffered by you as a result of:

our negligence, fraud or wrongful act or omission; or
a serious breach of this Agreement by us, if that Loss was reasonably foreseeable at the time.

To the extent permitted by law, you release and discharge Stoke Bites and its related bodies corporate from all forms of direct, special, indirect or consequential Loss (including loss of profits, loss of data or Loss that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with Stoke Bites website or this Agreement (including the installation, downloading, use or performance of any software related to Stoke Bites website).

In respect of Unattended Deliveries only, to the maximum extent permitted by law or as otherwise set out in these terms and conditions, Stoke Bites shall not be liable to you or to any other person for any loss, as a result of an act or omission by or on behalf of Stoke Bites arising out of or in connection with this Agreement including but not limited to:

where Goods are left at the Delivery Address as requested pursuant to the delivery notes left by a customer;
where Goods are left at a Delivery Address in a manner that is consistent with the delivery instructions specified in the request for an Unattended Delivery; or
where Goods are not left at the delivery address and require redelivery arrangements to be made;

except to the extent that such loss or damage arose as a direct result of our negligence, fraud or wrongful act or omission.

Provided that it’s fair and reasonable to do so, any liability by Stoke Bites resulting from a breach of warranty (express or implied) will be limited as follows:

If the breach relates to the Goods, to the replacement of the Goods or the supply of equivalent goods; or
If the breach relates to deliveries, to the re-supply of the delivery or the cost of having the deliveries supplied again.

These limitations don’t apply to any condition or warranty implied by legislation that does not permit Stoke Bites’ liability to be limited.

14. Use of the website

You may only use the Website for personal purposes unless Stoke Bites website provides express written consent to the contrary. Your use of the website is governed by the terms of use for Stoke Bites websites which can be viewed at our website’s Important Information area.

15. Third party websites

Stoke Bites website may contain links to websites controlled by third parties ("third party websites"). Stoke Bites isn’t responsible for any content on third party websites nor does it endorse or approve those websites. If you choose to visit third party websites, you do so at your own risk and should make your own enquiries before relying on any content you view there.

Stoke Bites makes no representations that third party websites do not infringe anyone’s Intellectual Property Rights.

Stoke Bites terms and conditions do not apply to any third party websites. The third party’s terms and conditions will apply.

16. Sign up and log in

To enhance account security, we utilise additional security measures to authenticate your identity. For your protection, when you log in, we will send you a temporary identification code to your mobile device via SMS. To facilitate this identity verification, you are required to save a mobile phone number against your account.

You:

are responsible for the safekeeping of your account access details and you are liable if your account is misused by an unauthorised person, including if your account is used by an unauthorised person to order Goods through Stoke Bites website;
must not provide your account access details to any third party entity or business; and
must notify us if you are or become aware that there is or has been an unauthorised use of your account access details, or any other security breach relating to your account.

17. Changes to this Agreement

Each time you place an Order, you agree to the terms of this Agreement. The terms that apply may change between Orders and you should review the terms at the time of placing an Order.

18. Privacy and security

For details on Stoke Bites’s commitment to your privacy, please refer to our Privacy Policy.

19. Termination

Where it is in Stoke Bites’ legitimate interests to do so, Stoke Bites may, acting reasonably, terminate or suspend this Agreement at any time by delivering notice or by sending you a message advising that your shopping privileges have been removed.

Termination of this Agreement is effective the day notice is received, or such later date as specified in the notice.

Stoke Bites may remove anyone from the system or refuse to deliver to a particular address at any time. You may cease placing Orders using Stoke Bites website at any time.

20. Notices

Stoke Bites may give notice to you by email, conventional mail or notice on Stoke Bites website. You may give notice to Stoke Bites by email or through our Contact us page.

21. Severability

Each provision of this Agreement is severable. The Agreement remains enforceable even if individual clauses are removed or deemed unenforceable.

22. Laws

These terms are governed by the laws of the State of New South Wales, Australia, and any disputes will be handled in the courts of that jurisdiction.