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 sets out the terms and conditions under which we will consider refund requests, exchanges, and cancellations. This policy is governed by Australian Consumer Law (ACL) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), and applies to all purchases made in-store, online, or through third-party delivery platforms associated with Guzman y Gomez.

Please read this policy carefully before placing your order. By purchasing from us, you agree to the terms outlined below.

1. Our Commitment Under Australian Consumer Law

Under the Australian Consumer Law (ACL), consumers are entitled to certain statutory 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, and free from defects;
• Match their description as presented on our menu or website;
• Are fit for the purpose for which they are commonly supplied;
• Are delivered within a reasonable timeframe (where applicable).

Nothing in this Refund Policy limits, excludes, or modifies any rights you have under the ACL. Where a remedy is available under both this policy and the ACL, we will honour whichever provides you with the greater benefit.

2. Eligibility Conditions for Refunds

We will consider a refund request when one or more of the following conditions are met:

• Incorrect Order: You received an item that does not match what you ordered (e.g., wrong filling, wrong size, or missing item).
• Food Quality Issue: The food was not prepared to an acceptable standard — for example, it was undercooked, contained a foreign object, or was otherwise unsafe to consume.
• Allergic Reaction or Dietary Requirement Failure: You clearly specified a dietary requirement or allergen restriction at the time of ordering, and your order did not comply with that requirement.
• Significant Delay: Your online or delivery order was significantly delayed beyond the estimated delivery or pick-up time without prior notice, and the food arrived in an unsatisfactory condition as a result.
• Order Not Received: You placed and paid for an order that was never delivered or made available for collection.
• Overcharging: You were charged an amount greater than the advertised price for your order.

We reserve the right to assess each refund request on a case-by-case basis. Approval of a refund is subject to our verification process.

3. Timeframes for Refund Requests

To ensure we can effectively investigate and resolve your concern, refund requests must be submitted within the following timeframes:

Requests submitted outside these timeframes may still be considered at our discretion; however, we cannot guarantee a remedy will be provided. We strongly encourage customers to contact us as soon as possible after identifying an issue.

4. Non-Refundable Items and Circumstances

We are unable to offer refunds in the following circumstances:

• Change of Mind: You changed your mind about your order after it was prepared or delivered. Once food has been prepared to your specifications, we are not obligated under Australian Consumer Law to provide a refund due to change of mind.
• Partially Consumed Food: You have consumed a significant portion of your meal before raising a complaint, unless a genuine food safety or quality concern is identified.
• Customisation Issues You Requested: You specifically requested a customisation or modification that affected the outcome of your meal.
• Delayed Requests: You failed to report an issue within the applicable timeframe specified in Section 3 of this policy, and no exceptional circumstances apply.
• Third-Party Platform Issues: Where a delivery delay or error was caused solely by a third-party delivery platform (such as Uber Eats, DoorDash, or Menulog), the refund must be sought directly from that platform in accordance with their own refund policy.
• Promotional or Gift Card Purchases: Amounts paid using promotional discounts, vouchers, or gift cards are generally non-refundable unless otherwise required by law.
• Catering Cancellations Outside Policy Timeframe: Catering orders cancelled after the applicable cancellation deadline (see Section 8) may not be eligible for a full refund.

5. How to Request a Refund — Step by Step

Follow the steps below to submit a refund request:

1. Gather Your Information: Before contacting us, please have the following details ready:
   • Your full name and contact details;
   • Your order number or receipt;
   • The date and time of your order;
   • The name of the Guzman y Gomez location (if applicable);
   • A clear description of the issue;
   • Photographs of the food or packaging (where relevant and possible).
2. Contact Us: Submit your refund request via one of the following methods:
   • Email: [email protected]
   • Website: guzmasygomez.com (via the Contact or Support page)
   • In-Store: Speak directly with a manager at the relevant Guzman y Gomez location.
3. Receive Acknowledgement: Once we receive your request, we will send you an acknowledgement within 2 business days. This acknowledgement will include a reference number for your request.
4. Assessment: Our customer experience team will review your request, which may involve contacting the relevant store, reviewing CCTV footage, or consulting with our food safety team.
5. Decision Notification: We will notify you of our decision within 5 business days of receiving all required information. We will communicate the outcome by email or phone, depending on your preference.
6. Remedy Provided: If your request is approved, we will arrange a refund, replacement, or store credit as outlined in this policy.

6. Refund Processing Times by Payment Method

Once a refund is approved, processing times vary depending on your original payment method:

Please note that while we initiate refunds promptly upon approval, we have no control over the processing times applied by your financial institution or payment provider. If you have not received your refund within the timeframe above, we recommend contacting your bank or payment provider before reaching out to us.

7. Partial Refunds

In certain circumstances, a partial refund may be offered rather than a full refund. These circumstances include:

• Only one or a limited number of items in your order were incorrect or unsatisfactory, while the remainder of your order was acceptable;
• You consumed a portion of the food before identifying the issue, and the issue did not affect the entire meal;
• A discount, promotional code, or voucher was applied to the original order — the refund will be calculated based on the actual amount paid rather than the full retail price;
• The delivery fee or service fee is not refundable where food quality was the only issue identified;
• Catering orders partially cancelled within the cancellation window may be eligible for a partial refund proportional to the cancelled portion.

Partial refunds will be communicated clearly, with an itemised breakdown of the amounts being refunded and the reasons for the partial rather than full remedy.

8. Cancellation Policy

8.1 Standard Online and In-Store Orders

Due to the fresh, made-to-order nature of our food, standard orders (excluding catering) are prepared almost immediately upon confirmation. As a result:

• Cancellations must be requested before food preparation has commenced.
• Once an order has entered preparation, it cannot be cancelled and a refund will not be issued on the basis of cancellation alone.
• If you placed an order in error, please contact the relevant store or our customer support team as quickly as possible via [email protected] or through guzmasygomez.com.

8.2 Catering Orders

For catering and large group orders, the following cancellation terms apply:

Catering cancellations must be submitted in writing to [email protected] with your order reference number and the reason for cancellation.

9. Exchange Policy

Where a refund is not the most practical remedy, we may offer to exchange your item. Exchanges are available under the following conditions:

• The issue was identified promptly — ideally at the point of purchase or within a reasonable time of receiving your order;
• The original item is returned to the store (where practicable);
• The replacement item is of equivalent value to the original item ordered and paid for;
• Stock of the replacement item is available at the relevant location.

We will not charge any additional amount for an exchange where the fault was on our part. If you prefer a different item of a lower value, the difference will be refunded. If you prefer a higher-value item, you will be asked to pay the difference.

10. Dispute Resolution Process

We are committed to resolving all customer concerns fairly and efficiently. If you are not satisfied with our initial response to your refund request, you may escalate your concern through the following process:

1. Internal Escalation: Request that your complaint be escalated to a Senior Customer Experience Manager by replying to the original email thread or by contacting us directly at [email protected] with the subject line "Escalation Request — [Your Reference Number]". We will respond within 5 business days.
2. External Resolution — Consumer Affairs: If you remain dissatisfied after internal escalation, you may contact the consumer affairs body 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
   • SA: Consumer and Business Services SA — www.cbs.sa.gov.au
   • Other States/Territories: Contact the Australian Competition and Consumer Commission (ACCC) at www.accc.gov.au.
3. Australian Competition and Consumer Commission (ACCC): The ACCC enforces the Australian Consumer Law and can provide guidance or take action where a business has breached consumer protection obligations. You can lodge a complaint online at www.accc.gov.au/consumers/complaints-problems.

11. Food Safety Concerns

If your refund request relates to a food safety concern — including but not limited to the presence of a foreign object, suspected foodborne illness, or a severe allergic reaction — we take this extremely seriously. In addition to processing your refund request under this policy, we may:

• Conduct an internal food safety investigation in accordance with our Food Safety Management Plan;
• Report the incident to the relevant state or territory food safety authority where legally required;
• Request additional information or documentation from you to assist with the investigation.

If you believe you have suffered a serious food safety incident, we encourage you to also seek appropriate medical attention and, if necessary, report the matter to your local food safety authority.

12. Third-Party Delivery Platforms

Where your order was placed through a third-party delivery platform such as Uber Eats, DoorDash, or Menulog, your initial point of contact for refund requests may be the platform itself, as they manage the transaction and delivery process. However:

• If the issue relates to the quality or preparation of the food (rather than the delivery), you are welcome to contact us directly;
• We will cooperate with third-party platforms to resolve issues where the fault lies with us;
• Your rights under the Australian Consumer Law are not affected by your choice to order via a third-party platform.

13. Contact Us

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

Our customer experience team is available Monday to Friday, 9:00 AM to 5:00 PM AEST. We aim to respond to all enquiries within 2 business days.

14. Changes to This Policy

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