Terms & Conditions

Terms & Conditions

Last updated on 10 March 2021

Sear BBQ Grill Pty Ltd

ABN 46 645 524 698



Welcome to Sear BBQ & Grill.

In these terms, we also refer to Sear BBQ & Grill ABN 46 645 524 698 as “Sear BBQ & Grill”, “our”, “we, or “us”. And you are you!

We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.

What are these terms about?

These terms apply when you use this Website, being https://searkoreanbbqandgrill.com.au/ and any other websites we operate with the same domain name and a different extension (“Website”).  

These terms also apply when you hire our Products through this Website (“Hire Products”) or purchase our Products through the Website (“Purchase Products”). Together, Hire Products and Purchase Products will be referred to as “Products”.

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here.


How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

  • PART A: Terms for when you hire or purchase Products (applies when you make an order on the Website, and we accept that order)
  • PART B: Terms for when you browse and interact with this Website (applies when you browse)
  • PART C: Liability and warranties, and interpretation provisions (applies to hiring and browsing)


Please let us know if you have any questions about these terms, and don’t continue using this Website or hire any Products unless you have read and agree to these terms.


I’ve returned to your shop, do I need read these terms again?

Once you place an Order, the terms of Part A accepted at the point of hire will apply to your hire of those Products. However, please note that we may change any part of these terms at any time by updating this page of this Website, so you may find that different terms apply next time you use this Website or hire Products. You can check the date at the top of this page to see when we last updated these terms.




You acknowledge that the Hire Products are grills and utensils designed to be used strictly in accordance with manufacturers’ instructions and may be dangerous if used incorrectly. You agree that you use the Products entirely at your own risk. 

By purchasing the Products you agree and warrant that:

·         you will only use the Products in accordance with the manufacturers’ instructions and cheat sheet provided on the packaging or on the Website; 

·         if applicable, only use the Products, such as the grills or utensils, wearing appropriate personal protective equipment;

·         you will not use the Products if it is unsafe to do so; and

·         in accordance with clause 17, Sear BBQ & Grill and its employees and agents will not be liable to you or any third party in respect of any liability for loss, damage, burns or injury which may be suffered by any person arising from your use of the Products.

    • By submitting an order for a Product using the Website’s functionality (Order) you represent and warrant that:
      • you intend to place a binding order for the Products;
      • you will return the Products which are Hire Products on or before the date agreed at the time of placing your Order;
      • you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
      • you are authorised to use the debit or credit card you provide with your Order.
    • Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
    • Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
      • We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
      • The Hire Products are, and will at all times be and remain, the property of Sear BBQ & Grill. You will not have or accrue any right, title or interest in or the Products under these terms,
      • Risk in the Hire Products will pass to you on delivery in accordance with clause 5 and remain with you until the Hire Products are returned to us. You are responsible for taking all appropriate precautions to protect the Hire Products from damage or destruction until you return them to us, including following any instructions provided with the Hire Products.
      • All Orders come with a standard selection of condiments (‘Condiments’).
      • Condiments listed on the Website are an example and may vary from time to time depending on supply and demand.
    • All prices are:
      • per unit (except where indicated);
      • in Australian Dollars; and
      • subject to change prior to you completing an Order without notice.
    • (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
    • (Deposit) If a deposit is set out in the Order, the deposit amount is payable in full to reserve the booking and is non-refundable.
    • (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Sear BBQ & Grill , you must pay the GST subject to Sear BBQ & Grill providing a tax invoice.
    • (Card surcharges) Sear BBQ & Grill reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
    • (Online payment partner) We may use third-party payment providers, including Stripe, (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider.  We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
    • (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was hired (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
    • You must ensure that the Purchase Products are:
      • cooked well before consumption;
      • stored in a refrigerator when not in use;
    • You must ensure that the Hire Products are:
      • used in accordance with the Manufacturer’s instructions;
      • used in accordance with the provided cheat sheet, including the use of the provided wooden mat to place the grill on when the grill is lit;
    • (Delivery Costs) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.
    • (Delivery Details) Sear BBQ & Grill may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:
      • delivery is to the delivery point specifically accepted by Sear BBQ & Grill; and
      • we will deliver the Products to you in accordance with the shipping information displayed on our Website.
    • (Acceptance of Delivery) You must ensure that you are available for delivery of the Products on the delivery date. We may require you to sign for delivery or otherwise indicate acceptance of the Products. It is your responsibility to make sure you are available for delivery. Any delay in delivery and accepting the Product due to your fault will not delay the start of your Hire period of the Hire Product. You are responsible for ensuring you provide us with the correct address details.
    • (Delivery Issues) Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives.
    • (Returning at end of hire period) Hire Products will be collected by Sear BBQ & Grill at a time and place agreed by both parties. You must return the Hire Products substantially in the same condition in which they were provided, including being reasonably clean, subject only to fair wear and tear. Any failure to return Hire Products or damage to the Hire Products will result in the cost of replacement being charged to you and be recoverable as a debt.

We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.


You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 5.3 may apply.

    • We do not offer change of mind returns.
    • We will provide a full refund of the price paid for a Product if we determine that:
      • a Product you have ordered was not received by you solely due to failure by us;
      • a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
      • a Product is faulty, in accordance with clause 3(c).
    • (Faulty products) The following process applies to any Product you believe to be faulty or not fit for consumption.
      • If you believe your Product is faulty or not fit for consumption, please contact us using the details provided on our Website with a full description of the fault (including images).
      • If we determine that your Product may be faulty or not fit for consumption, we reserve the right to further inspect the Products before deeming a Product faulty or not fit for consumption by attending the premises.
      • If we determine in our reasonable opinion that the Product is not faulty or is fit for consumption, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return.
      • If we determine that the Product is faulty or not fit for consumption, you will be provided with the option to receive either a replacement Product or full refund.
      • All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
      • If you fail to comply with the provisions of this clause 6 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Product.
      • Nothing in this clause 6 is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
    • We may do any of the following:
      • Procure food products from third party suppliers;
      • Source grills, utensils and grill parts from third party suppliers;

without further notice or permission from you.

  • To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order.






You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.


You must not:

  • copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Sear BBQ & Grill;
  • use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
  • use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
  • use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
  • use the Website with the assistance of any automated scripting tool or software;
  • act in a way that may diminish or adversely impact the reputation of Sear BBQ & Grill, including by linking to the Website on any other website; and
  • attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
    • gaining unauthorised access to Website accounts or data;
    • scanning, probing or testing the Website for security vulnerabilities;
    • overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
    • instigate or participate in a denial-of-service attack against the Website.
    • While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
      • the Website will be free from errors or defects (or both, as the case may be);
      • the Website will be accessible at all times;
      • messages sent through the Website will be delivered promptly, or delivered at all;
      • information you receive or supply through the Website will be secure or confidential; and
      • any information provided through the Website is accurate or true.
    • We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
    • Sear BBQ & Grill retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
    • You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Sear BBQ & Grill or as permitted by law.
    • In this clause 11, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, Sear BBQ & Grill and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
    • You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.
    • You agree to any Third Party Terms applicable to any third party goods and services, and Sear BBQ & Grill will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
    • The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
    • Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
    • This Website is hosted by a third party and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you.
    • To the maximum extent permitted under applicable law and our agreement with our third party hosting provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.

Sear BBQ & Grill  does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.


If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.



    • Meat products and condiments (‘Food Products’) will be provided in accordance with packaging requirements.
    • Food products will be cold packaged in a foil back with an ice pack.
    • To the maximum extent permitted by applicable law, Sear BBQ & Grill excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any Products or services provided by Sear BBQ & Grill .
    • Claims for loss of or damage to Products in transit must be made against the carrier.
    • Products sold by Sear BBQ & Grill , will have only the benefit of any warranty given, and insurance held, by the manufacturer.
    • All other express or implied representations and warranties in relation to Products and the associated services performed by Sear BBQ & Grill are, to the maximum extent permitted by applicable law, excluded.
    • Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
    • (Indemnity) You indemnify Sear BBQ & Grill and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
      • breach of any of these terms;
      • use of the Website; or
      • use of any Products or services provided by Sear BBQ & Grill .
    • (Consequential loss) To the maximum extent permitted by law, under no circumstances will Sear BBQ & Grill be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by Sear BBQ & Grill  (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.


No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.


Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.


An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.


A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.


Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.


This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

    • (singular and plural) words in the singular includes the plural (and vice versa);
    • (gender) words indicating a gender includes the corresponding words of any other gender;
    • (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
    • (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
    • (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
    • (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
    • (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
    • (headings) headings and words in bold type are for convenience only and do not affect interpretation;
    • (includes) the word “includes” and similar words in any form is not a word of limitation;
    • (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision; and
    • (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.
    • A notice or other communication to a party under this agreement must be:
      • in writing and in English; and
      • delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
    • Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
      • 24 hours after the email was sent; or
      • when replied to by the other party,  whichever is earlier.


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