1. Acceptance
a) These terms and conditions are set out by Carretto (ABN 34 803 013 992)
b) By accessing and/or using our services you:
- warrant to us that you have reviewed these Terms and Conditions, with your parent or legal guardian (if you are under 18 years of age), and you understand them.
- warrant to us that you have the legal capacity to enter into a legally binding agreement with us. Please read the Terms carefully and immediately cease using our services if you do not agree to them.
c) Payment of your deposit confirms that you agree to these Terms and Conditions.
d) These Terms may be updated at anytime and the updated terms will be available on our website at carretto.com.au
2. Booking
a) Any booking placed with us is an offer by you to purchase a particular service for the price notified at the time you place your booking. We may, at our absolute discretion, accept or reject a booking. We will endeavour to notify you of a rejection at the time of the booking or within a reasonable time thereafter.
b) You may book a service with us by contacting us directly. We will organise a written or verbal consultation with you to discuss the specifications of your desired service. If we have the capability to provide the service, we will provide you with a quote detailing the specifications and the price. The provision of a quote is an offer by us to you to purchase the service for the price and specifications set out in the quote. You may accept the quote by paying the price within the date set out in the quote. Your booking is not confirmed until the deposit has been received in full.
c) You acknowledge and agree that:
- Each quote that you accept, results in a separate binding agreement between you and us for the supply of services in accordance with the Terms.
- It is your responsibility to check the details set out in the quote, including selected specifications, and pricing, before you submit your booking.
3. Availability
a) All bookings are subject to availability. We do our best to keep up to date with the availability of our cart services.
b) In the unforeseen event that we cannot supply an elected flavour choice on your event day, we will endeavour to contact you and agree on an alternate flavour as a replacement.
c) “Free Flow Gelato” means unlimited gelato during the service period, though some flavours may run out. No refunds or compensation will be given for flavours that run out during the service period.
4. Price and Payments
a) You must pay us the purchase price of each product/service you order as set out on the Quote (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable).
b) You must pay the Price using one of the methods set out on the Quote.
c) Any refunds payable by us under these Terms will be made into your nominated bank account and we will endeavour to make any such payment to you within 3 months from the date of cancellation.
d) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means.
e) If full payment has not been received 30 days prior to the event date, we reserve the right to cancel the booking, and the deposit will not be refunded.
f) Should the event fall on a public holiday or significant calendar days such as Valentines Day, Mothers Day, Fathers Day, Easter and New Years Eve, a 15% surcharge will apply to cover additional labour and transport costs.
g) Cart delivery and pick up is included in the packaged price, however locations more than 20km from Tullamarine, will incur an additional travel fee – $2 per extra 1km.
h) Bookings made more than 12 months prior to the event date will incur an Extended Booking Fee of $150. This fee secures the event date and current pricing structure and is non-refundable.
5. Provision of Service
a) Service times are limited strictly to what was confirmed in writing at the time of booking. In the event that you or the venue are not ready for us to begin service at the agreed upon time, we reserve the right to finish service at the original time confirmed on booking.
b) If you need to change the venue, please notify us immediately in writing. Additional transportation costs may be incurred due to the re-location, or your booking may be cancelled, and a refund may or may not be given in accordance with the refund policy set out in these Terms (8b).
c) If you do not specify between the use of cups, cones or both we reserve the right to use either or both as we see fitting or subject to availability.
d) Any specialised dietary requirements must be made in writing two weeks prior to the event. Please note that we do not operate a nut or gluten free kitchen. Please assume that our product may contain dairy, eggs, gluten, nuts, soy or other allergens.
e) Abusive, aggressive behaviour will not be tolerated and if our staff feel threatened in any way or fearful for the potential damage of machinery and equipment, we reserve the right to leave the premises immediately and no refund will be given.
f) We aim to keep our service time as close as possible to the agreed upon time but this may not always be possible due to circumstances that may arise.
g) Carretto reserves the right to engage third-party service providers to fulfil its obligations under this agreement. The Client acknowledges and agrees that Carretto may assign or transfer any rights or obligations under this agreement to such third-party providers without prior notice.
h) One hour of setup time prior to the scheduled serving time is included. Any setup requested earlier will incur a minimum fee of $150, depending on the location and when setup is required.
i) Carretto guarantees to provide sufficient gelato to serve the number of guests advised by the client at the time of booking, provided service occurs within the agreed service period. If the actual number of guests exceeds the number advised, or if service extends beyond the agreed service period, Carretto cannot guarantee sufficient product for all guests.
6. Venue Permission and Accessibility
a) It is your responsibility to gain permission from the venue for the attendance of Carretto at the event. If we are refused entry due to missing permissions or venue restrictions, the booking will be treated as a client cancellation, and no refund will be issued.
b) Accessibility to Carretto for the chosen event venue must be confirmed by you prior to paying the deposit. You must confirm there is accessibility meeting the requirements of Carretto in terms of both vehicle, and cart access. This includes providing in writing information about any steps, steep hills, narrow passageways/doorways (less than 1.1metres) etc.
c) Our carts cannot be lifted oversteps or obstacles and it is your responsibility to ensure there are no steps or any other obstacles that prevent access to the event. We reserve the right to leave your event in this case and no refund will be given.
d) We will not be held liable if you do not provide accurate accessibility information. In the event we cannot safely access the event we reserve the right to refuse service, and no refund will be issued. Safe access is entirely made at our discretion.
e) We reserve the right to refuse any cart or vehicle maneuverer at our discretion that may be difficult or put any persons (including but not limited to staff and guests) or machinery and equipment at risk.
7. Branding
Where branding or custom signage is requested, the following terms apply:
a) The client must supply all artwork in high resolution vector format (AI, EPS or print-ready PDF). Carretto is not responsible for poor print quality where low resolution artwork is supplied.
b) Artwork proofs must be approved by the client in writing before production. Once artwork is approved, changes cannot be made and branding costs are non-refundable.
c) Branding production requires a minimum lead time. Late artwork submission may result in branding not being ready for the event, and the standard cart setup will be used instead.
d) Colours may vary slightly between digital artwork and printed materials.
e) Carretto may photograph the cart, including branding, for marketing and social media purposes unless the client requests otherwise in writing prior to the event.
8. Insurance, Damage and Liability
a) We carry public liability insurance to the value of 20 million dollars. However, we recommend that separate event insurance be purchased to cover against such eventualities as inclement weather, theft, equipment failure and any other unforeseen incidents.
b) You accept full responsibility for the condition of all hired items during the hire period. You will be responsible for any damage incurred or loss of said items. Repairs or damaged items will not be undertaken without the written authority of Carretto. All missing items or those damaged beyond repair will be paid for at current retail value.
c) In the event of an unforeseen accident or machinery breakdown or other circumstance which may affect schedule or our ability to fulfil the booking we will not be held liable for compensation beyond the cost of the booking.
d) In the event of a major force (including but not limited to fire, casualty, riot, war or other enemy action, act of God, strike, lock out or labour conditions) which prevent the event, no refund will be issued.
9. Cancellations, Refunds and Rescheduling
a) Cancellations and/or changes must be made in writing.
b) All cancellations or changes made after written confirmation and payment has been received will be subject to the following:
More than 4 weeks prior to event: A full refund will be issued, less a non-refundable administration fee of $50.
Between 4 weeks and 1 week prior to event: A 50% refund of the total booking amount will be issued.
Within 1 week prior to event: No refund will be provided, and the full amount will be retained.
Any credit card surcharges or processing fees incurred will not be refunded.
You may reschedule your event up to 3 times without incurring a fee, provided each reschedule occurs more than 1 month before the event date. After this, each reschedule will incur a rescheduling fee of $100.
If you wish to reschedule and there is no availability on the requested date and an alternative cannot be agreed upon, the booking will be cancelled in accordance with the refund policy outlined above.
c) If Carretto cancels your booking due to unforeseen circumstances (such as equipment failure, illness, or transport issues), you will be entitled to a full refund of all monies paid. We may also, at our discretion, offer a 10% discount towards your next booking as a goodwill gesture.
d) All refunds will be made within 3 months from the date of cancellation of your booking.
10. Limitations
a) Despite anything to the contrary, to the maximum extent permitted by law:
- Our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim; and
- We will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
b) Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
- Loss of, or damage to, the products or any other property, or any injury or loss to any person; failure or delay in providing the products;
- Any work, services or other things provided by third parties (whether or not we referred them to you); or
- Breach of the Terms or any law, where caused or contributed to by any event or circumstance beyond our reasonable control;
- Act or omission of you or your related parties, and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products and services.
c) In Australia, our products/services come with guarantees which cannot be excluded under the Australian Consumer Law. Nothing in the Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
11. Intellectual property
a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the products) will at all times vest, or remain vested, in us.
b) You must not, without our prior written consent:
- Copy or use, in whole or in part, any of our intellectual property;
- Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or
- Breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.
c) All photography, videography, or digital content captured by Carretto at events may be used for marketing and promotional purposes unless otherwise requested in writing by the client.
12. Additional Charges and Surcharges
a) The first hour of setup time prior to your scheduled serving time is complimentary. Any setup requested earlier than this will incur a flat fee of $150.
b) Should the event fall on a public holiday or significant calendar days such as Valentines Day, Mothers Day, Fathers Day, Easter and New Years Eve, a 15% surcharge will apply to cover additional labour and transport costs.