THREBRO PTY LTD (ACN: 115600176) trading as Mt Barker Fresh Markets (mtbarkerfreshmarkets.com.au).
TERMS AND CONDITIONS
Welcome to Mt Barker Fresh Markets (mtbarkerfreshmarkets.com.au). Please carefully read the Terms and Conditions governing this Site. Your use and continued use of this Site will constitute acceptance of all Terms and Conditions. Should you object to any of the Terms or Conditions, your only recourse is to immediately discontinue use of this Site. The sole purpose of this Site is to provide online ordering facilities for customers of Mt Barker Fresh Markets (“Mt Barker Fresh”, “us” or “we”) so that you can collect pre ordered Goods from our Store at 7 Morphett Street Mt Barker SA 5251 (“Our Store”) or have them delivered to your Delivery Address if it is within our Delivery Area.
We reserve the right to change all or part of the Terms and Conditions at any time. Such changes will be made by publishing the new Terms and Conditions on this Site. Your subsequent and continued use of this Site will constitute acceptance of the changes. Your placing of an Order through this Site is in accordance with these Terms and Conditions current at the time you place your Order.
1.1. Agreement means these Terms and Conditions and any Order placed by you using this Site;
1.2. Cancellation Fee means the cancellation fee payable by you to us by this Agreement;
1.3. Catalogue means the list of Goods you can buy from Mt Barker Fresh posted on this Site;
1.4. Delivery Address means the address, within the Delivery Area, where Goods are to be delivered to you, which is referred to in your Registration and may be revised by you on your Order;
1.5. Delivery Area means Mt Barker and its immediate environs and such further areas we may include from time to time;
1.6. Delivery Fee means such fee payable to us for delivery of Goods to your Delivery Address
1.7. Good means each good that is advertised on this Site;
1.8. Mega Order means an order in excess of our normal retail quantities; or in excess of 100 kg; or both; or orders from you during a seven (7) day period which in total exceed these limits;
1.9. “Mt Barker Fresh”, “us” or “we” means THREBRO PTY LTD (ACN: 115600176) trading as Mt Barker Fresh Markets (ABN: 21115600176);
1.10. Order means an order by you to purchase Goods from us using this Site;
1.11. Site means mtbarkerfreshmarkets.com.au and such other website we may indicate that these Terms and Conditions are to apply to;
1.12. Terms and Conditions mean these Terms and Conditions;
1.13. You is any customer of Mt Barker Fresh who places Orders with us through this Site.
2. Registration and Compliance
2.1. To place an Order, You must:
2.1.1. comply with the Terms and Conditions of this Agreement;
2.1.2. comply with all relevant laws;
2.1.3. complete all the Registration details required by this Site;
2.1.5. have only one account for your personal use only which you can update, revise or terminate through this Site;
2.2. Furthermore, You must:
2.2.1. ensure that your Login ID and password that is used to access the Site and the details of your account are kept in a safe and secure manner;
2.2.2. ensure that you are authorised to use your email address and will be solely responsible for its use;
2.2.3. warrant that all information you provide to us is accurate;
2.2.4. promptly let us know of any change to your registration details
2.2.5. notify us through our Customer Service on (08) 8391 0666 during Contact Hours if you are or become aware that there is or has been an unauthorised use of your Login ID and password or account, or any other security breach relating to your account;
2.2.6. be responsible for any costs associated with your access to or use of this Site, including Internet access fees;
2.2.7. be responsible and liable for any person that uses your Login ID and password to order Goods through this Site;
2.2.8. agree that we may charge you for all Goods that we agree to supply to you that have been ordered using your Login ID and password through this Site; and
2.2.9. check the labels on the Goods before consumption or use.
3. Ordering Goods
3.1. You may order Goods by selecting them from the Catalogue and submitting your Order through this Site in accordance with these terms and conditions;
3.2. Any Order for Goods you place through this Site is an offer by you to purchase the particular Goods for the price notified (including the delivery and other charges and taxes) at the time you place your Order.
3.3. We may ask you to provide additional details or require you to confirm your details to enable us to process any Orders.
3.4. If you cancel an Order after the order cut off time, we may charge you and you must pay a late cancellation fee.
3.5. On occasions Goods that you order may be out of stock or temporarily unavailable. We do not provide rain checks on Goods ordered by you. In our discretion, we will select for you (unless you advise us otherwise via your account or at the time of order) a substitution for Goods that are out of stock which are of similar value and quality. We will try to ensure that all Goods you order (and any agreed substitutes) are supplied. Substitute items are charged at the lower of the original and the substitute price.
3.6. We set a minimum order value for your Order which may be altered from time to time.
3.7. We can limit sales to reasonable or normal household quantities. You are not permitted to order Goods for resale to a third party or for trade purposes. We may call you to clarify the quantities ordered by you. We may in our absolute discretion cancel an Order where we reasonably believe this term has been breached.
3.8. Notwithstanding clause 3.7, Mt Barker Fresh values you as a customer, and we request that you call us to enquire about placing a Mega Order. We will let you know whether we will accept such an order and the terms on which we will fill your Mega Order, including any extra handling or delivery charges.
3.9. If we reject an Order placed through this Site, we will endeavour to notify you of that rejection at the time you place the Order or within a reasonable time after you submit your Order.
4.1. An estimated total is initially displayed with your Order. Your final Order total may differ from the estimated total. Items in your order are charged at the price applicable at the time you submitted your order and as shown on the order confirmation, except in the following cases:
4.1.1. We estimate a price for weighed items like grapes, bananas and cheese from the deli. When we pack your order, we weigh the items and charge the exact price.
4.1.2. If you have ordered an item that is priced per kilo, the purchase price charged will be the lower of the purchase price per kilo at the time you submitted your order and the purchase price per kilo at the time your order is processed.
4.1.3. Some items (e.g. bananas, avocadoes, and apples) are sold by the piece. Once you enter the quantity you want, we will give you an estimate of the cost. We then calculate the actual price after they are weighed, and charge you this price on your invoice.
4.2. We reserve the right to amend any pricing errors displayed due to human error, computer malfunction or other reason. We will notify you of any error in pricing and you may elect to not purchase any Good/s where the price has been corrected.
5. Payment for Orders
5.1. We will charge you, and you agree to pay, the following fees and charges in relation to an Order that we accept (as applicable):
5.1.1. the purchase price of each Good listed in your Order;
5.1.2. the Delivery Fee provided to you at the time you selected the relevant delivery window when placing your Order; and
5.1.3. any Cancellation Fee; and
5.1.4. any other fees and charges set out in this Agreement.
5.2. All fees and charges referred to in these Terms and Conditions and all prices for Goods include GST where applicable.
5.3. The purchase price of each Good is shown on the Catalogue at the time you place your Order. The purchase price of a Good on the Site may not be the same or correspond to the prices in Our Store for the same Good.
5.4. You acknowledge that we are not required or obliged to match any prices for any Goods, including matching any prices for a Good that is available through the Site at Our Store or vice versa.
5.5. Prices for Goods change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your Order, we will not change any prices that apply to the Goods in that Order.
5.6. We accept EFTPOS, Visa, Visa Debit, MasterCard, MasterCard Debit, American Express and Diners Club. There may be an additional card fee payable for the use of some of these cards. You will be notified of such fee prior to making payment by such card so that you can choose whether to use that card to make payment.
5.7. You authorise us to debit the amount that is payable for an accepted Order from your nominated credit card to pay for the fees and charges.
5.8. If we are unable to successfully process your credit card payment for your accepted Order, then we may notify you of dishonour and cancel your Order. A cancellation fee may also apply.
5.9. When purchasing from us, card details are transmitted through an application programming interface. Card Details are hosted by eWay after processing.
5.10. If a Good that you have ordered is not available and we have not provided you with a substitute, we will provide you with a refund representing the price of the Goods that were not supplied to you. The refund will be made within 3-5 business days to the card or account you used to pay for the Order.
6. Credit and Refunds
6.1. You can make a claim for a refund or credit if:
6.1.1. you believe that Goods we charged you for were not provided; or
6.1.2. there is a fault or defect with the Goods you have purchased.
6.2. Email Mt Barker Fresh on email@example.com to lodge your claim. We will assess your claim and are happy to offer a credit or refund for any missing or faulty Goods, at the discretion of the manager on duty..
6.3. We will not pick up any Goods that you do not accept and that you have not returned with our delivery person (or our team member at Our Store). However we may need to inspect the Goods before making an assessment, therefore please keep them until we advise they can be discarded.
6.4. Credit for the value of any Goods that are validly sent back with our delivery person (or our team member upon collection) or credits applied for any other reason (including customer care or promotional activity), will be applied to your next Order as long as the Order is worth more than the credit. Mt Barker Fresh online credit is valid for one year from the date of issue. You can check the expiry date or balance of your credits by emailing firstname.lastname@example.org.
7. Collection or Delivery
7.1. Collection of an Order from Our Store is only available during the collection window (time slot) you have chosen at the time you submitted your Order. An Order not collected may incur a cancellation fee as well as a fee for any perishable Goods in the Order which may have spoiled due to your failure to collect the Goods at the time specified by you.
7.2. When collecting an Order you must have photographic identification, and the card used for payment. You must sign our receipt document when you collect the Order.
7.3. Should you send someone else to collect the Order on your behalf, they will need to have photographic identification, and the card used for payment and must provide their signature on our receipt document when they collect the Order on your behalf.
7.4. Where your request delivery, we will deliver the Goods to you at the Delivery Address within the time agreed with you. We will not commit to delivery beyond the front door of your home or office building.
7.5. In this clause ‘Front door’ means the front door or a point beyond which entry into the interior of the building occurs. If you request us to deliver the Goods beyond your front door and we agree that it is practical to do so, you agree to continually indemnify and hold harmless Mt Barker Fresh (including its officers, employees, contractors and agents) from any Loss suffered or incurred through the delivery of the Goods beyond your front door. ‘Loss’ means any loss including any liability, cost, expense, claim, proceeding, action, demand or damage
7.6. Anyone at the Delivery Address (or upon collection from Our Store) who receives the Goods shall be presumed by us to be authorised by you to receive the Goods. If the person receiving the Goods is unable or unwilling to provide satisfactory evidence of proof of age or identification requested by us, we may refuse to deliver the Goods.
7.7. If there is no one at the Delivery Address or no one of appropriate age to receive, and sign for the Order when the Goods are delivered, the Goods, in our discretion, will not be left at the Delivery Address. We will make reasonable attempts to contact you. We may charge an additional delivery fee if we are unable to deliver because no appropriate person is at the Delivery Address. A cancellation fee may also apply.
8. Risk and Title in the Goods
Risk and title in the Goods passes to you upon delivery or collection and payment for the Goods, either at the Delivery Address or at Our Store.
9. Information about the Goods
9.1. We aim to provide up-to-date pictures and details of the Goods on this Site. At times, the picture or details of the Goods may differ from the Goods actually supplied to you. Mt Barker Fresh does not warrant the accuracy of the information contained in the Catalogue, descriptions and pictures and recommends that you read labels carefully before consuming Goods.
9.2. We attempt to be as accurate as possible and use our best endeavours to ensure, but do not ourselves warrant, that any information provided by our suppliers, including in relation to product descriptions or other content of this Site, is accurate, complete, reliable, current or error-free.
10. Third Party Websites
10.1. On this Site, we may feature or display links and pointers to websites operated by third parties. Such websites do not form part of this Site and are not under our control. We are not responsible for any content on third party websites nor do we endorse or approve those websites. We do not accept any responsibility in connection with any such website. If you link to any such websites, you leave our network entirely at your own risk. If you choose to visit third party websites you do so at your own risk and should make your own enquiries before relying on any content you view there.
10.2. We make no representation that third party websites do not infringe anyone’s intellectual property rights.
10.3. You must not link to our network from any other website (or otherwise authorise any other person to link from a third party website to our network) without our prior written consent.
10.4. This Site may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
10.5. If you contact a third party using functionality provided on our network, including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant third party.
10.6. From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party.
11.1. Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.
11.2. Without excluding, restricting or modifying the rights and remedies to which you may be entitled under the consumer guarantees provisions of the Australian Consumer Law or our liabilities under those provisions:
11.2.1. you acknowledge that this Site is provided “as is” and that we do not make any warranty or representation as to the suitability of this Site or a Good for any purpose;
11.2.2. we exclude all other implied terms and warranties, whether statutory or otherwise, relating to this Site or the subject matter of this Agreement; and
11.2.3. we will not be liable to you for indirect and consequential loss arising from or connected to this Agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or willful misconduct.
11.3. Our liability to you for loss or damage of any kind arising out of this Agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
12. Intellectual Property Rights
12.1. You acknowledge that Mt Barker Fresh or its related entities own or are licensed to use all Intellectual Property Rights in this Site, including the copyright in this Site, any images, photographs or text that appear on this Site, the software, design and graphics comprised in this Site, the selection and layout of this Site, and the content and materials on this Site (together, the “Materials”).
12.2. You must not make any representation to the contrary and you must not use or copy this Site in any manner inconsistent with the rights of the owner or licensee of such Intellectual Property Rights.
12.3. You acknowledge that any trademarks or logos that appear on this Site are owned by or licensed to Mt Barker Fresh or its related entities, and that you must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.
12.4. You may store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials. You may print hard copies of the content and Materials for the sole purpose of viewing and purchasing Goods but not for any other use, including commercial use.
We may terminate or suspend this Agreement at any time by delivering notice (as specified in clause 15) or by sending you a message advising that your shopping privileges have been removed. Termination of this Agreement is effective the day notice is received, or such later date as specified in the notice. We may remove anyone from the system or refuse to deliver to a particular address at any time. You may cease placing Orders at this Site at any time.
We may give you a notice by email, conventional mail, or notice on this Site. You may give us a notice by email to email@example.com
Each provision of this Agreement is severable. The Agreement remains enforceable even if individual clauses are removed or deemed unenforceable.
17. Relevant Law
The law of this Agreement is the law of South Australia and any action between the parties shall be taken in a Court in Adelaide, South Australia and the parties submit to the jurisdiction of that Court.