Refund Policy

At Guzman y Gomez, we are committed to delivering fresh, high-quality Mexican food and an outstanding customer experience every time you order. We understand that sometimes things do not go as planned, and this Refund Policy explains your rights and our obligations when something goes wrong with your order.

This policy applies to all orders placed through our website at gyg-au.com, our mobile application, in-store purchases, and through third-party delivery platforms. Please read this policy carefully before placing your order.

This policy is governed by Australian Consumer Law (ACL), as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), and applicable state and territory consumer protection legislation.

1. Your Rights Under Australian Consumer Law

Under the Australian Consumer Law, you are entitled to certain consumer guarantees that cannot be excluded, restricted, or modified. These guarantees include the right to receive goods and services that are:

• Of acceptable quality — safe, durable, free from defects, and fit for the purpose for which they are commonly used;
• Fit for any particular purpose that you made known to us before placing your order;
• Accurately described — consistent with any description we provided in our menu, website, or promotional materials;
• Free from undisclosed ingredients or allergens that could cause harm.

Nothing in this Refund Policy limits, excludes, or modifies these statutory rights. Where a major failure occurs, you are entitled to a replacement, refund, or other remedy as specified under the ACL.

2. Eligibility Conditions for Refunds

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

• Incorrect order: You received items that do not match what you ordered (e.g., wrong protein, wrong menu item, missing customisations).
• Missing items: One or more items from your order were not included in your delivery or takeaway bag.
• Food quality issues: The food was not of acceptable quality — for example, it was undercooked, overcooked, spoiled, or did not meet reasonable quality standards.
• Allergen concerns: You received food containing an allergen that you expressly informed us about prior to ordering, and we failed to accommodate your request.
• Duplicate charges: You were charged more than once for the same order due to a technical or payment processing error.
• Order not received: You did not receive your order and there is no record of delivery or pickup.
• Significant difference from description: The product received was substantially different from how it was described or depicted on our menu or website.

To be eligible for a refund, you must meet the timeframe requirements set out in Section 3 below, and you must provide reasonable evidence to support your claim where requested.

3. Timeframes for Refund Requests

We ask that you contact us as soon as possible after identifying an issue with your order. The following timeframes apply:

Requests submitted outside these timeframes may not be accepted, except where required by law. We encourage you to contact us promptly to ensure your issue can be investigated and resolved effectively.

4. Non-Refundable Items and Circumstances

The following are generally not eligible for a refund, except where required under Australian Consumer Law:

• Change of mind: You decided you no longer want the food after it has been prepared or delivered.
• Consumed food: You have consumed all or a significant portion of the food before raising a complaint, unless the complaint relates to food safety or an allergen issue.
• Customisation errors by the customer: You made an error when entering your own customisation preferences during the ordering process.
• Delivery delays caused by third parties: Delays caused by third-party delivery platforms (such as Uber Eats, DoorDash, or Menulog) where the food was prepared correctly and on time.
• Promotional and discounted items: Items purchased as part of a limited-time promotion may be subject to separate terms and conditions outlined at the time of the promotion.
• Gift cards and vouchers: Gift cards and electronic vouchers are non-refundable once activated or partially redeemed, except as required by law.
• Loyalty reward redemptions: Points or rewards redeemed through our loyalty programme cannot be reversed or refunded once applied to an order.

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 possible, take clear photographs of the issue (e.g., incorrect items, quality concerns, damaged packaging).
2. Step 2 — Contact our customer service team: Reach out to us via email at [email protected] or through the contact form available on our website at gyg-au.com. If your order was placed through a third-party platform, you may also be required to submit your refund request directly through that platform.
3. Step 3 — Provide relevant details: In your message, include:
   • Your full name and contact details;
   • Your order number or transaction reference;
   • The date and time of your order;
   • The restaurant location (if applicable);
   • A clear description of the issue;
   • Any supporting photographs or documentation.
4. Step 4 — Review and assessment: Our customer service team will review your request and may contact you for additional information. We aim to acknowledge all refund requests within 2 business days.
5. Step 5 — Resolution: Once your request has been assessed, we will notify you of the outcome via email. If your refund is approved, we will process it using the method described in Section 6 below.

6. Refund Processing Times by Payment Method

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

Please note that while we process refunds promptly on our end, the time for funds to appear in your account is also subject to your bank's or financial institution's processing timeframes, which are outside our control.

7. Partial Refunds

In some circumstances, only a partial refund may be issued. This may occur when:

• Only some items in your order were affected by an issue (e.g., one incorrect item out of a larger order);
• You have consumed a portion of the food before identifying a quality concern;
• A promotion or discount was applied to your order and only part of the order is eligible for a refund;
• Delivery fees or service charges are non-refundable and are excluded from the refund amount;
• The issue relates to a minor, rather than major, failure under Australian Consumer Law, and a partial remedy is considered appropriate.

The amount of any partial refund will be communicated to you clearly before it is processed, and you will have the opportunity to request further review if you disagree with the outcome.

8. Exchange Policy

Where a refund is not the most appropriate remedy, we may offer an exchange or replacement instead. Our exchange policy applies in the following circumstances:

• Incorrect items: If you received the wrong menu item, we will offer to prepare and provide the correct item, subject to availability and your location. For delivery orders, this may not always be logistically feasible, in which case a refund will be offered.
• Quality replacement: If the food did not meet acceptable quality standards, we may offer to replace the affected item at no additional cost to you.
• In-store exchanges: If you are collecting your order in-store and identify an issue before leaving, please speak to a team member immediately. We will do our best to resolve the issue on the spot.

Exchanges are subject to ingredient and menu availability. Where we are unable to offer an exchange due to operational constraints, a refund will be provided instead.

9. Cancellation Policy

Due to the fresh and perishable nature of our food, cancellations are subject to specific conditions:

9.1 Online and App Orders

Orders placed through our website or mobile application may be cancelled for a full refund only if the cancellation is requested before the order enters preparation. Once our kitchen has begun preparing your order, a cancellation may not be possible, and a refund will only be issued if the order is not subsequently delivered or fulfilled.

To cancel an order, please contact us immediately at [email protected]. We will make every effort to action your request in time, but we cannot guarantee cancellations once preparation has commenced.

9.2 Third-Party Delivery Platform Orders

If your order was placed through a third-party delivery platform such as Uber Eats, DoorDash, or Menulog, cancellation requests must be submitted directly through the respective platform in accordance with their own cancellation policies. We are unable to process cancellations for third-party platform orders on your behalf.

9.3 Catering and Group Orders

For catering or large group orders placed in advance, the following cancellation terms apply:

• Cancellations made more than 48 hours before the scheduled order time: Full refund.
• Cancellations made between 24 and 48 hours before the scheduled order time: 50% refund.
• Cancellations made less than 24 hours before the scheduled order time: No refund, as ingredients and preparation will have commenced.

10. Dispute Resolution Process

We take all customer complaints seriously and are committed to resolving disputes fairly and promptly. If you are not satisfied with the outcome of your refund request, you may escalate the matter through the following process:

1. Internal Review: Request a review of your case by emailing [email protected] with the subject line "Refund Dispute — Internal Review". Please include all previous correspondence and any additional evidence. A senior member of our customer service team will review your case and respond within 5 business days.
2. External Dispute Resolution: If you remain unsatisfied after our internal review, you may contact the relevant consumer protection authority in your state or territory:
   • NSW: NSW Fair Trading — www.fairtrading.nsw.gov.au
   • VIC: Consumer Affairs Victoria — www.consumer.vic.gov.au
   • QLD: Office of Fair Trading Queensland — www.qld.gov.au/law/fair-trading
   • WA: Consumer Protection WA — www.commerce.wa.gov.au/consumer-protection
   • SA: Consumer and Business Services SA — www.cbs.sa.gov.au
   • Other states and territories: Contact your relevant state or territory consumer affairs body.
3. Australian Competition and Consumer Commission (ACCC): For matters involving potential breaches of the Australian Consumer Law at a national level, you may contact the ACCC at www.accc.gov.au or call 1300 302 502.

11. Food Safety and Allergen Concerns

The health and safety of our customers is our highest priority. If you have experienced a food safety incident or believe you have had an allergic reaction as a result of consuming our food, please:

• Seek medical attention immediately if required;
• Contact us at [email protected] as soon as possible with details of your experience;
• Retain any remaining food in its packaging if possible, as this may assist with our investigation;
• Report the incident to your local food safety authority, such as your state or territory's health department or food safety regulator.

We will treat all food safety and allergen complaints with the utmost seriousness and will investigate thoroughly in accordance with applicable food safety legislation, including the Food Standards Australia New Zealand Act 1991 and the Australia New Zealand Food Standards Code.

12. Contact Information

If you have any questions about this Refund Policy, wish to submit a refund request, or need to speak with our customer service team, please contact us using the details below:

13. Changes to This Policy

We may update this Refund Policy from time to time to reflect changes in our business practices, applicable laws, or customer feedback. Any updates will be published on our website at gyg-au.com with a revised effective date. We encourage you to review this policy periodically.

Continued use of our services after any changes to this policy constitutes your acceptance of the updated terms. Where changes are material and affect your rights, we will make reasonable efforts to notify you directly.