Terms of service

Welcome to Ex Gratia. The website www.exgratia.com.au ("Site") is owned and operated by Peter Crowe trading as Ex Gratia (ABN 23 534 544 044) ("Ex Gratia", "we", "our", "us").

These Terms and Conditions ("Terms"), which incorporate our Privacy Policy and other documents referred to within these Terms, govern the supply of any products ordered by you on the Site and your use of the Site. By browsing, accessing, using the Site or ordering a product ("Order"), you agree to be legally bound by these Terms. We may change these Terms at any time, and the revised Terms will be made available on our Site. Changes will not affect Orders already placed.

1. ACCESS AND USE OF THE SITE

1.1 You must only use the Site in accordance with these Terms and any applicable law.

1.2 You must not (or attempt to):
(a) interfere with or disrupt the Site or the servers or networks that host the Site;
(b) use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(c) interfere with security-related or other features of the Site.

1.3 We do not warrant that the Site will be available at all times and without disruption, and we provide no warranties in relation to the content of any other website linked to or from our Site.

1.4 You must not link to our Site in a way that damages or takes advantage of our reputation, including in a way that suggests an association with, or endorsement from, us when there is none.

2. INFORMATION ON THIS SITE

2.1 The Site and its content are subject to copyright, trademarks and other intellectual property rights owned by or licensed to Ex Gratia.

2.2 You must not reproduce, distribute, modify or publish any material on the Site, except as permitted by statute or with our prior written consent.

2.3 Product information on the Site, including ingredients and allergen information, is based on material provided by our supplier. Except as required by law (including the Australian Consumer Law), we are not responsible for inaccuracies caused by incorrect information supplied to us by third parties.

2.4 Products may differ slightly in appearance from the images on the Site, and some images are used for promotional purposes only.

3. ORDERS AND FORMATION OF CONTRACT

3.1 When making an Order, you must follow the instructions on the Site.

3.2 Orders are subject to the minimum order quantity stated on the Site at the time of ordering.

3.3 Before you submit your Order, you will be shown the total price including Goods and Services Tax ("GST") where applicable and any delivery charges ("Delivery Fees"). All prices are in Australian dollars.

3.4 A contract for the supply of products ("Contract") is formed when we confirm your Order by email.

3.5 If you discover a mistake in your Order after submitting it, please contact us immediately at support@exgratia.com.au. We cannot guarantee that we will be able to amend your Order.

4. DELIVERY

4.1 We will deliver to the address you provide. You are responsible for ensuring it is correct and that someone is available to receive the delivery.

4.2 Delivery timeframes shown on the Site are estimates only. To receive your Order before Christmas, please order by the cut-off date shown on the Site. We are not responsible for delays caused by couriers or other events outside our reasonable control.

4.3 Risk in the products passes to you on delivery.

5. CHARITY DONATIONS

5.1 For each pudding sold, we will donate the amount stated on the Site to the charity or charities you nominate at checkout from our shortlist.

5.2 Where you nominate more than one charity, the donation will be divided equally between them.

5.3 Donations are made by Ex Gratia in aggregate at the end of the sales period. Because the donation is made by us from the purchase price, it is not a tax-deductible gift by you and we cannot issue a donation receipt in your name.

5.4 If a nominated charity is unable to accept a donation, we will redirect it to another charity on our shortlist.

6. CANCELLATION

6.1 We may cancel a Contract if a product is unavailable for any reason. We will notify you and refund any payment made, using your original payment method where possible.

6.2 If you wish to cancel your Order, please contact us at support@exgratia.com.au before your Order is dispatched.

7. RETURNS AND REFUNDS

7.1 Because our products are food, we do not accept change-of-mind returns.

7.2 Our products come with guarantees that cannot be excluded under the Australian Consumer Law. If your product arrives damaged, faulty or not as described, please contact us within 7 days of delivery with your Order number and a photo, and we will arrange a replacement or refund.

8. FOOD SAFETY AND ALLERGENS

8.1 Ingredient and allergen information is shown on each product page. It is your responsibility to check this before ordering, including when ordering products as gifts.

8.2 Please follow the storage and serving instructions supplied with the product.

9. DISCLAIMER AND LIABILITY

Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law. Subject to that, and to the extent permitted by law, in no event shall we, our employees or agents, or our suppliers be liable for lost profits or any punitive, exemplary, special, incidental or consequential loss or damage arising out of or in connection with the Site, the supply of goods, or these Terms (however arising, including negligence).

10. INDEMNITY

You indemnify us and our officers, agents and employees against any claims, losses and damages, including reasonable legal fees, made by any third party arising out of your breach of these Terms or of any law or the rights of a third party.

11. PRIVACY

Your privacy is governed by our Privacy Policy.

12. DISPUTE RESOLUTION

In the event of any dispute under these Terms, the parties agree to negotiate in good faith to resolve it. Disputes should be lodged via support@exgratia.com.au.

13. GENERAL

13.1 Entire agreement: These Terms contain all the terms agreed between you and us and supersede any prior Terms published on this Site.

13.2 Assignment: You may not assign or otherwise deal with your rights or obligations under these Terms. We may assign or delegate our rights or obligations under these Terms to any person.

13.3 Force majeure: We are not liable for any failure to perform our obligations where prevented by a cause outside our reasonable control, including fire, flood, extreme weather, industrial action, failure of telecommunications or computer systems, courier disruption, supplier failure, or compliance with any law.

13.4 No waiver: No waiver by us of any default under these Terms shall be construed as a waiver of any future default.

13.5 Notices: Notices must be in writing and may be given by email to the address supplied by you, or to us at support@exgratia.com.au.

13.6 Severability: If any provision of these Terms is held to be invalid or unenforceable, it shall be severed and the remaining provisions shall not be affected.

13.7 Governing law: These Terms are governed by the law of New South Wales, and both parties submit to the jurisdiction of the courts of New South Wales.

14. INTERPRETATION

(a) Headings are for ease of reference only.
(b) The singular includes the plural and vice versa, and references to persons include individuals, companies and other entities.
(c) "Including" and similar expressions mean without limitation.
(d) Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

These Terms were last updated on 24 October 2026.