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 sometimes things do not go as expected, and we want to make sure that any issues with your order are resolved quickly, fairly, and transparently. This Refund Policy explains your rights and our obligations when it comes to refunds, exchanges, cancellations, and dispute resolution.

This policy applies to all purchases made through our website (guzmanygomiz.com), our mobile application, in-restaurant dining, and through third-party delivery platforms where Guzman y Gomez operates. Please read this document carefully before placing an order. By completing a purchase with us, you agree to the terms outlined below.

This policy is governed by the Australian Consumer Law (ACL), as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), which provides you with certain consumer guarantees that cannot be excluded, restricted, or modified.

1. Your Rights Under Australian Consumer Law

Under the Australian Consumer Law, you are entitled to a remedy if a product or service you purchase fails to meet a consumer guarantee. For food products and food service businesses like Guzman y Gomez, the relevant consumer guarantees include:

• Food and beverages must be of acceptable quality — safe to consume, free from defects, and fit for the purpose for which they are supplied.
• Products must match any description provided on our menus, website, or promotional materials.
• Services must be delivered with due care and skill.
• Products and services must be fit for any disclosed purpose.

These rights apply in addition to any other remedies we voluntarily offer under this Refund Policy. We cannot exclude your statutory rights under Australian Consumer Law.

2. Eligibility Conditions for Refunds

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

• Your order was incorrectly prepared and does not match what you ordered (e.g., wrong items, missing components).
• The food or beverage you received was spoiled, contaminated, or unsafe to consume.
• Your order arrived in a condition that was significantly below acceptable quality standards.
• You have a confirmed food allergy or dietary requirement that was communicated at the time of order, and the food provided did not meet that requirement, causing harm or the reasonable risk of harm.
• You experienced a duplicate charge or a payment processing error that resulted in an overcharge.
• Your delivery order was not delivered and was confirmed as lost by our delivery partner or our own delivery service.
• Your order was significantly delayed beyond the quoted delivery or pickup time, and you no longer require the items.

3. Timeframes for Refund Requests

To ensure your claim can be properly assessed, refund requests must be submitted within the following timeframes:

Requests submitted outside of these timeframes may be assessed at our discretion. We encourage all customers to contact us as soon as possible after identifying an issue, as this helps us investigate and resolve your concern effectively.

4. Non-Refundable Items and Circumstances

The following items and circumstances are generally not eligible for a refund, except where your rights under Australian Consumer Law apply:

• Change of mind after an order has been prepared or collected.
• Items that have been partially or fully consumed without a genuine quality or safety concern being identified prior to consumption.
• Incorrect customisations or modifications that were accurately reflected in the order confirmation and prepared as specified.
• Dissatisfaction with portion sizes that are consistent with our standard menu offerings.
• Orders affected by circumstances outside our control, such as extreme weather events, road closures, or third-party delivery platform errors (where the fault lies solely with the third-party platform).
• Promotional or discounted items that were correctly supplied as described at the time of purchase.
• Digital gift cards or vouchers that have already been redeemed.

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

Follow these steps to submit a refund request:

1. Step 1 — Gather your information: Before contacting us, have the following details ready: your order number or receipt, the date and time of your order, a description of the issue, and any supporting photographs of the problem (where applicable).
2. Step 2 — Contact us: Reach out to our customer support team via email at [email protected] or visit our website at guzmanygomiz.com to submit a support request. You may also speak directly with a manager at the restaurant location where your order originated.
3. Step 3 — Provide details: In your communication, clearly describe the nature of your complaint, the remedy you are seeking (refund, replacement, or store credit), and attach any photographs or documentation that supports your claim.
4. Step 4 — Assessment: Our customer service team will review your request within 2–3 business days. We may contact you for additional information during this period.
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 advise you of the processing timeframe and the method by which the refund will be issued.

6. Refund Processing Times by Payment Method

Once a refund has been approved, the time it takes for the funds to be returned to you will depend on your original payment method:

Please be aware that while we process refunds promptly upon approval, the time it takes for the funds to appear in your account may vary depending on your bank or financial institution. We are not responsible for delays caused by third-party payment processors or banking institutions.

7. Partial Refunds

In certain situations, a partial refund may be appropriate rather than a full refund. Partial refunds may be offered in the following circumstances:

• Only some items in your order were incorrect, missing, or of unacceptable quality, while the remainder of the order was satisfactory.
• The food or beverage experienced a quality issue that was minor in nature and did not render the entire order unsatisfactory.
• A delivery was significantly delayed, but the food was ultimately received and partially consumed.
• You received a lesser quantity than ordered for specific items, but other components of the order were correctly supplied.

The amount of any partial refund will be calculated based on the value of the affected items relative to your total order amount, including any applicable delivery fees proportionally attributed to those items.

8. Exchange Policy

Due to the perishable nature of food and beverage products, exchanges are generally handled differently from other retail goods. The following exchange options may be available:

• In-Restaurant Orders: If you have received an incorrect item and notify a team member or manager immediately at the time of collection or service, we will endeavour to remake your order at no additional cost, subject to availability and the circumstances of the error.
• Online or App Orders (Click & Collect): If you collect an order and discover an error before leaving the restaurant, please speak to a team member immediately. We will remake the affected items where possible.
• Delivery Orders: Due to food safety and hygiene considerations, we are unable to physically exchange delivered food items. In these cases, a refund or store credit will be offered for items that do not meet our quality standards.

Exchanges are subject to ingredient availability and reasonable assessment of the complaint. Guzman y Gomez reserves the right to offer a refund in lieu of an exchange where an exchange is not practicable.

9. Cancellation Policy

We understand that plans can change. Our cancellation policy is as follows:

Online and App Orders

• Cancellations may be accepted if your order has not yet been prepared. Please contact the relevant restaurant location immediately if you wish to cancel.
• Once food preparation has commenced, cancellations are generally not possible, and a refund will not be issued for change-of-mind cancellations.
• If Guzman y Gomez is unable to fulfil your order for any reason (e.g., ingredient unavailability, restaurant closure), a full refund will be issued automatically to your original payment method.

Catering and Group Orders

• Catering orders must be cancelled at least 48 hours in advance of the scheduled pick-up or delivery time to receive a full refund.
• Cancellations made between 24 and 48 hours before the scheduled time may incur a cancellation fee of up to 50% of the total order value to cover preparation costs.
• Cancellations made with less than 24 hours' notice will not be eligible for a refund unless exceptional circumstances apply.

10. Dispute Resolution Process

We aim to resolve all customer concerns quickly and amicably. If you are not satisfied with the outcome of your refund request, the following dispute resolution process applies:

1. Internal Escalation: If your initial complaint has not been resolved to your satisfaction, you may request that your matter be escalated to a senior customer service representative or our Customer Experience Manager. Please email [email protected] with the subject line "Escalated Complaint — [Your Order Number]" and include all previous correspondence.
2. Response Timeframe: We will acknowledge escalated complaints within 2 business days and aim to provide a final resolution within 10 business days of the escalation being received.
3. External Dispute Resolution: If you remain dissatisfied after exhausting our internal process, you may seek assistance from an external body. In Australia, relevant bodies include:
   • Australian Competition and Consumer Commission (ACCC) — www.accc.gov.au
   • Your relevant State or Territory Consumer Affairs or Fair Trading office (e.g., Consumer Affairs Victoria, NSW Fair Trading, Consumer Affairs Queensland, etc.)
4. Food Safety Concerns: If your complaint relates to food safety or a public health matter, you may also contact your local council's Environmental Health Officer or the relevant state food authority.

11. Fraud Prevention

Guzman y Gomez takes the integrity of our refund process seriously. We reserve the right to refuse a refund or suspend an account where we have reasonable grounds to believe that a claim is fraudulent, misleading, or an abuse of our refund policy. Repeated or suspicious refund requests may be investigated, and we may share relevant information with appropriate authorities or payment processors where fraud is suspected.

12. Changes to This Refund Policy

Guzman y Gomez reserves the right to amend or update this Refund Policy at any time. Any changes will be published on our website at guzmanygomiz.com and will take effect from the date of publication. We encourage you to review this policy periodically. Your continued use of our services following any changes constitutes your acceptance of the updated policy.

13. Contact Us

If you have any questions about this Refund Policy, wish to submit a refund request, or need assistance with an order, please do not hesitate to contact us through the following channels: