Refund Policy

At Guzman y Gomez, we are committed to delivering fresh, high-quality Mexican-inspired food and an outstanding customer experience. We understand that issues can occasionally arise with orders, and this Refund Policy outlines your rights and our obligations when things do not go as expected. This policy applies to all purchases made through our website (guzminagomez.com), in-store, or via authorised third-party delivery platforms, and is governed by Australian Consumer Law (ACL) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Please read this policy carefully before placing an order. By making a purchase with Guzman y Gomez, you agree to the terms described herein.

1. Your Rights Under Australian Consumer Law

Australian Consumer Law provides you with automatic consumer guarantees that cannot be excluded, restricted, or modified. Under the ACL, you are entitled to a remedy if a product or service:

• Is not of acceptable quality (safe, durable, free from defects, acceptable in appearance and finish);
• Does not match the description or sample provided;
• Is not fit for the purpose for which it was supplied; or
• Contains a major or minor defect.

For major failures, you are entitled to choose a refund, replacement, or repair. For minor failures, we may offer a remedy of our choosing, which may include a replacement, partial refund, or store credit. Nothing in this Refund Policy limits your rights under the ACL.

The Australian Competition and Consumer Commission (ACCC) oversees compliance with the ACL. For further information, visit www.accc.gov.au.

2. Eligibility Conditions for Refunds

You may be eligible for a refund or remedy in the following circumstances:

• Incorrect order: You received items that do not match what you ordered (e.g., wrong burrito filling, missing toppings, or wrong meal entirely).
• Missing items: One or more items from your order were not included in your delivery or take-away bag.
• Food quality issue: The food you received was spoiled, undercooked, contaminated, or otherwise not of acceptable quality at the time of receipt.
• Allergen concern: Your food contained an allergen that you specifically requested be excluded at the time of ordering.
• Significant delay: Your order was subject to an unreasonable and substantial delay beyond what was reasonably communicated at the time of purchase.
• Double charge: Your payment method was charged more than once for a single transaction.
• Technical error: A technical error on our website or app resulted in an incorrect or duplicate order being placed.

To be eligible, refund requests must generally be accompanied by evidence such as photographs, order confirmation numbers, receipts, or other relevant documentation.

3. Timeframes for Refund Requests

We strongly encourage customers to raise concerns as soon as possible after receiving their order. The following timeframes apply:

Requests submitted outside these timeframes may still be assessed at our discretion, particularly where Australian Consumer Law rights apply. We recommend retaining your receipts and order confirmations for reference.

4. Non-Refundable Items and Circumstances

The following situations are generally not eligible for a refund, unless otherwise required under the ACL:

• Change of mind: You changed your mind about your order after it was prepared or delivered.
• Incorrect customisation: You selected the wrong customisation options during ordering and the order was prepared as specified.
• Partial consumption: You consumed a significant portion of the food before raising a complaint unrelated to a quality defect.
• Third-party platform errors: Issues arising from errors made on a third-party delivery app (e.g., Uber Eats, DoorDash, Menulog) that are outside our control. In these cases, the relevant platform's refund policy may apply.
• Promotional or discounted items: Items purchased as part of a limited-time promotional offer, unless the item itself is defective.
• Gift cards and vouchers: Gift cards and promotional vouchers are non-refundable once purchased or redeemed, except as required by law.
• Delivery fees: Delivery fees charged by third-party platforms are generally not refundable by Guzman y Gomez, as these are managed independently by those platforms.

5. How to Request a Refund — Step-by-Step

If you believe you are entitled to a refund, please follow the steps below:

1. Step 1 — Gather Your Information: Locate your order confirmation number, receipt, or proof of purchase. If the issue relates to food quality, take clear photographs of the affected item(s) before disposing of them.
2. Step 2 — Contact Us Directly: Reach out to our customer support team via one of the following methods:
   • Email: [email protected]
   • Website: guzminagomez.com
3. Step 3 — Provide Details: In your communication, please include:
   • Your full name and contact information;
   • Your order confirmation number or receipt;
   • The date and time of your order;
   • A clear description of the issue;
   • Photographs or supporting evidence where applicable.
4. Step 4 — Await Assessment: Our customer service team will review your request and respond within 2–5 business days. We may request additional information to assist in our assessment.
5. Step 5 — Receive Your Remedy: If your refund request is approved, we will advise you of the applicable remedy (refund, replacement, or store credit) and the expected processing timeframe.

6. Refund Processing Times by Payment Method

Once a refund has been approved, the time taken for funds to appear in your account will depend on your original payment method:

Please note that processing times are estimates and may vary depending on your financial institution. Guzman y Gomez is not responsible for delays caused by banks or payment processors once the refund has been initiated on our end.

7. Partial Refunds

In some circumstances, a partial refund may be issued rather than a full refund. This may apply when:

• Only some items in an order were incorrect or of unacceptable quality;
• A portion of the food was consumed before the issue was identified;
• The issue relates to a minor failure rather than a major failure under the ACL;
• A promotional discount was applied to the order and only certain components are eligible for a refund.

Partial refunds will be calculated based on the value of the affected item(s) as listed on your original order receipt. We will communicate the details of any partial refund clearly before processing.

8. Exchange Policy

Where an item in your order is incorrect or does not meet quality standards, we may offer to replace the item rather than issue a monetary refund. Exchanges are subject to the following conditions:

• The replacement request is made within the applicable timeframe outlined in Section 3;
• The issue is verified by our customer service team;
• The replacement item is available at the time of the request;
• For in-store exchanges, the original receipt or proof of purchase must be presented.

Where a like-for-like replacement is not available (for example, due to ingredient availability or menu changes), we will offer an alternative remedy such as a store credit or monetary refund of equivalent value.

Please note that food items cannot be exchanged based on a change of mind or personal taste preferences, unless the item is defective or does not match its description.

9. Cancellation Policy

Due to the fresh and made-to-order nature of our food, cancellations are subject to strict timeframes:

9.1 Online and App Orders

• Orders may be cancelled within 5 minutes of being placed, provided the order has not yet been accepted or commenced preparation by the kitchen.
• Once an order has been accepted and preparation has commenced, cancellations may not be possible and no refund will be issued for a change of mind.
• To request a cancellation, contact us immediately at [email protected] or through the platform via which the order was placed.

9.2 In-Store Orders

• In-store orders cannot be cancelled once the kitchen has commenced preparation.
• If you have been charged for an item that was not available, you will receive a full refund for that item.

9.3 Catering and Bulk Orders

• Catering or bulk orders may be cancelled with a full refund if notice is provided at least 48 hours prior to the scheduled delivery or pick-up time.
• Cancellations made less than 48 hours in advance may be subject to a cancellation fee of up to 50% of the total order value to cover preparation and ingredient costs.
• Cancellations made less than 24 hours in advance may not be eligible for any refund.

10. Dispute Resolution Process

We aim to resolve all refund and complaint matters promptly and fairly. If you are not satisfied with the outcome of your refund request, you may escalate your concern through the following process:

1. Internal Escalation: Request that your matter be escalated to a senior member of our customer service or management team by emailing [email protected] with the subject line "Escalation Request – [Your Order Number]".
2. External Complaint Bodies: If we are unable to resolve your dispute internally, you have the right to seek assistance from the following external bodies:
   • Australian Competition and Consumer Commission (ACCC): www.accc.gov.au
   • Your state or territory's Fair Trading or Consumer Affairs office, such as NSW Fair Trading, Consumer Affairs Victoria, or Queensland Office of Fair Trading.
3. Mediation or Tribunal: If the matter remains unresolved, you may apply to your state's civil and administrative tribunal (e.g., NCAT in New South Wales, VCAT in Victoria, QCAT in Queensland) for a binding determination.

We are committed to engaging in good faith with any dispute resolution process and will cooperate fully with any relevant regulatory bodies or tribunals.

11. Food Safety and Allergen Concerns

Guzman y Gomez takes food safety and allergen management very seriously. If you believe you have experienced a food safety issue or an adverse reaction related to allergens, please:

• Seek medical attention immediately if you are experiencing a serious health reaction;
• Contact us at [email protected] as soon as possible with details of your experience;
• Retain any uneaten food, packaging, or receipts as evidence.

Reports of food safety incidents will be treated with the utmost urgency and may be reported to the relevant state food safety authority in accordance with our legal obligations under the Food Standards Australia New Zealand Act 1991 and applicable state food legislation.

12. Policy Updates

Guzman y Gomez reserves the right to update or amend this Refund Policy at any time. Changes will be posted on our website at guzminagomez.com with an updated effective date. We encourage you to review this policy periodically. Continued use of our services following any changes constitutes your acceptance of the updated policy. Your statutory rights under Australian Consumer Law remain unaffected by any changes to this policy.

13. Contact Us

For all refund requests, complaints, or enquiries related to this policy, please contact our customer support team using the details below:

Our customer support team is available during standard business hours. We endeavour to respond to all enquiries within 2–5 business days. For urgent food safety matters, please indicate the urgency clearly in your communication.