Refund Policy

At Guzman y Gomez, we are committed to delivering fresh, high-quality Mexican-inspired food and an exceptional customer experience. We understand that there are occasions where an order may not meet your expectations, and we want to make the process of resolving these situations as straightforward as possible. This Refund Policy outlines your rights and our obligations under Australian Consumer Law (ACL), as established under the Competition and Consumer Act 2010 (Cth), Schedule 2.

Please read this policy carefully before placing an order at any Guzman y Gomez location, through our website at guzmansigomez.com, or via third-party delivery platforms.

1. Our Commitment Under Australian Consumer Law

As a food business operating in Australia, Guzman y Gomez is required to comply with the Australian Consumer Law (ACL). Under the ACL, consumers are entitled to a remedy — including a refund, replacement, or repair — if a product or service fails to meet a consumer guarantee. These guarantees include the right to receive goods that:

• Are of acceptable quality (safe, durable, free from defects, and fit for purpose);
• Match the description provided at the time of ordering;
• Are fit for any particular purpose made known to us at the time of the order;
• Correspond with any sample or demonstration provided.

Nothing in this policy limits or excludes any rights you have under the ACL that cannot lawfully be excluded or limited.

2. Eligibility Conditions for Refunds

You may be eligible for a refund or remedy if one or more of the following conditions apply:

• Your order was incorrect (e.g., you received a different item than what you ordered);
• Your food was not prepared to the standard described on our menu (e.g., missing ingredients);
• Your food was found to be unsafe for consumption (e.g., foreign objects, spoilage, or allergen cross-contamination not disclosed);
• Your order was not delivered within a reasonable time and you did not receive it;
• A significant portion of your order was missing upon delivery or collection;
• The food was delivered in a condition that rendered it unfit for consumption (e.g., severe spillage caused by packaging failure).

Refund eligibility will be assessed on a case-by-case basis. Guzman y Gomez reserves the right to request evidence (such as photographs) to assess the validity of a refund claim.

3. Timeframes for Refund Requests

To ensure your concern can be properly assessed, we ask that all refund requests be submitted within the following timeframes:

Requests submitted outside these timeframes may be assessed at our discretion, and we cannot guarantee a remedy in all cases where a delay in reporting has occurred.

4. Non-Refundable Items and Circumstances

The following situations generally do not qualify for a refund:

• Change of mind after an order has been placed, prepared, or delivered;
• Dissatisfaction with spice level or flavour preferences that were correctly prepared as per menu description;
• Orders that have been substantially consumed prior to the refund request being made;
• Incorrect orders placed by the customer (e.g., selecting the wrong item on the app or website);
• Delays caused by third-party delivery providers that are outside of Guzman y Gomez's reasonable control;
• Promotional or discounted items, unless the item itself is defective or does not meet consumer guarantees;
• Gift cards or vouchers (subject to any statutory protections under the ACL);
• Catering orders cancelled less than 48 hours before the scheduled date (see Cancellation Policy below).

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

We have made the refund request process as simple as possible. Please follow the steps below:

Step 1: Gather Your Details

Before contacting us, please have the following information ready:

• Your full name;
• Your order number or receipt;
• The date and time of your order;
• The location where the order was placed (restaurant name, app, or delivery platform);
• A clear description of the issue;
• Photographs of the item(s) in question (if applicable).

Step 2: Contact Us

Submit your refund request through one of the following channels:

• Email: [email protected]
• Website: guzmansigomez.com
• In-store: Speak to the restaurant manager at the location where your order was placed.

Step 3: Assessment

Our customer experience team will review your request within 2 business days. We may contact you to request additional information or clarification.

Step 4: Outcome Notification

Once we have assessed your request, we will notify you of the outcome via your nominated contact method. If your request is approved, we will advise you of the remedy offered (refund, replacement, or store credit).

Step 5: Remedy Issued

If a refund is approved, it will be processed to your original payment method within the applicable timeframe (see Section 6 below).

6. Refund Processing Times by Payment Method

Once a refund has been approved, please allow the following processing times depending on how you paid:

Please note that processing times may vary depending on your financial institution. Guzman y Gomez is not responsible for delays caused by banks or third-party payment processors.

7. Partial Refunds

In certain situations, a partial refund may be offered where only part of your order was affected. Partial refunds may apply where:

• Only one or a few items from a larger order were incorrect or unsatisfactory;
• The food was partially consumed before the defect was identified;
• A portion of a catering order was not delivered or was below acceptable quality standards;
• A discount or promotional credit partially offset the affected item's cost.

The amount of a partial refund will reflect the proportional cost of the affected item(s) relative to the total order value. Our team will work with you to reach a fair and reasonable resolution.

8. Exchange Policy

Where a refund is not the most practical remedy, Guzman y Gomez may offer to replace or remake your order. Our exchange policy operates as follows:

• In-store orders: If your order is incorrect or unsatisfactory, please notify the crew or manager immediately. We will remake your order at no additional charge.
• Takeaway orders: If you return to the restaurant within a reasonable time with your original receipt and item, we will assess the concern and offer a replacement if appropriate.
• Delivery orders: A replacement for delivery orders may not always be feasible. In such cases, a refund or store credit will be offered as an alternative remedy.

Exchanges are subject to item availability. If a menu item is temporarily unavailable, we will offer a comparable substitute or a full refund for that item.

9. Cancellation Policy

9.1 Standard Orders (Dine-In, Takeaway, and Delivery)

Due to the fresh nature of our food preparation:

• Orders may be cancelled before food preparation has commenced. Please contact the restaurant or the delivery platform immediately if you wish to cancel.
• Once food preparation has begun, cancellations cannot be accepted and no refund will be issued, unless the order fails to meet a consumer guarantee under the ACL.
• For orders placed through third-party delivery platforms (e.g., Uber Eats, DoorDash, Menulog), the cancellation and refund policy of the relevant platform will also apply. We encourage you to review those policies directly.

9.2 Catering and Group Orders

For catering orders or large group bookings:

• Cancellations made more than 48 hours before the scheduled date will receive a full refund;
• Cancellations made between 24 and 48 hours before the scheduled date will receive a 50% refund;
• Cancellations made less than 24 hours before the scheduled date are non-refundable, as ingredients and preparation will have already commenced;
• Guzman y Gomez reserves the right to cancel a catering order due to circumstances beyond our control (e.g., natural disasters, venue closures). In such cases, a full refund will be issued.

10. Dispute Resolution Process

We aim to resolve all refund and service concerns quickly and fairly. If you are not satisfied with the outcome of your refund request, you may follow the steps below:

Step 1: Internal Escalation

If your initial request has not been resolved to your satisfaction, you may escalate your complaint by emailing [email protected] and requesting that the matter be reviewed by a senior member of our customer experience team. Please include your original complaint reference number.

Step 2: External Dispute Resolution

If you remain dissatisfied after our internal escalation process, you may contact the following external bodies for assistance:

• Australian Competition and Consumer Commission (ACCC):
  The ACCC administers the Australian Consumer Law and can provide guidance on your consumer rights.
  Website: www.accc.gov.au
  Phone: 1300 302 502
• State and Territory Consumer Protection Agencies:
  Depending on where you are located, you may also contact your relevant state or territory fair trading office, such as:
  • NSW Fair Trading: www.fairtrading.nsw.gov.au
  • Consumer Affairs Victoria: www.consumer.vic.gov.au
  • Queensland Office of Fair Trading: www.qld.gov.au/law/fair-trading
  • WA Consumer Protection: www.commerce.wa.gov.au

Step 3: Legal Proceedings

Either party may pursue resolution through the Australian court system or an applicable tribunal (such as NCAT, VCAT, or QCAT) if all other avenues have been exhausted. This policy does not affect any rights you have to take legal action.

11. Allergen and Dietary Information

Guzman y Gomez takes food allergies and dietary requirements seriously. Our menu contains allergen information to assist customers in making informed choices. However, please note that our kitchens are not allergen-free environments, and cross-contamination may occur.

If you have experienced an adverse reaction due to allergen information that was incorrectly communicated by our team, please contact us immediately. Such situations will be treated with the highest priority and in accordance with our obligations under both the ACL and applicable food safety laws, including the Food Standards Australia New Zealand Act 1991 (Cth).

12. Third-Party Delivery Platforms

When you place an order through a third-party delivery platform (such as Uber Eats, DoorDash, or Menulog), the platform's own refund and cancellation policies may apply in addition to ours. In such cases:

• We recommend contacting the delivery platform directly for issues related to delivery (e.g., late delivery, lost order);
• For food quality issues attributable to Guzman y Gomez, you may contact us directly at [email protected];
• We will work with the relevant platform to ensure your concern is addressed appropriately.

13. Contact Us

For all refund requests, exchanges, or complaints, please reach out to our customer experience team using the contact details below. We are committed to responding to all enquiries promptly and professionally.

When contacting us, please include as much detail as possible about your order and concern to help us resolve the matter as efficiently as possible.