Terms and Conditions
For an account registration, you warrant that all personal information and data provided is complete and accurate, and any changes will be promptly updated on your user account. Upon registration to access the website, you will be issued a dedicated username and password. It is your responsibility to protect and keep confidential, your issued username and password, (or your chosen changed password), as all activities on your account will be deemed to have been authorised by you. You consent to immediately notify us of any security breach on your account, so that we may suspend your account until the security breach is investigated, and if required, terminate the account.
Only one account is allowable per person and this account is personal and non-transferable. We only permit persons over 18 years of age to be eligible to register as a user, and deem your registration, whilst not requesting a date of birth, to be eligible per our Terms. Your use of the website is entirely at your own risk. Any violation of registrations per our Terms, will result in the account being closed and terminated.
We advise that these Terms shall be amended from time to time, and you agree to review the Terms regularly and accept the new Terms or discontinue the use of the website, if you disagree with the new Terms. Any new Terms will be effective and apply from the date it is amended on the website, and not retrospectively.
The information provided on the website is uploaded without any representation made, and neither are any warranties made. We also make no warranties for any transmission issues, loss of data, virus or infections via internet-based viruses or worms, or that the website will be error-free.
Our responsibility ceases upon the delivery of the product box, (includes all fresh produce and grocery lines) to you. Any further use or actions on the product box, for example, food handling, storage, washing, preparation, cooking and consumption is your own responsibility.
We will disclose any allergies and nutritional value on packaged products, as required by law, and it is your duty to strictly read and follow these product disclosure labels.
The Australian Consumer Law will be applicable in using all aspects of this website as a user. Nothing in these Terms limits your rights under the applicable law. Because we are based in NSW, these Terms are governed by the laws of NSW. Any disputes will be subject to the jurisdiction of the courts in the state of NSW, Australia. These applicable Terms will always be effective, even after the cessation of your access rights and usage, including all limitations and liabilities.
Limitation on Liabilities and Indemnity
Unless prohibited by Law, we will not be liable for any incidental indirect or direct, consequential, exemplary or punitive damages of any kind, arising from your use of our website and the ordering and delivery of the products to you. Whilst all care is taken to provide up to date information on our website, in no event shall we be liable for omissions, interruptions, defects, errors, viruses, trojan horses or worms, transmission delays or failure of any kind on the website, regardless of the form of action, foreseeable or otherwise. You consent to indemnify us and our licensors, from all or any claim of litigation, including legal costs, out of any non-compliance or breach from these Terms or applicable law.
By agreeing to become a user of our website, you agree and consent to receive communication via email, phone, text or via the Consumer App in relation to your account, payment details, specials and promotions, and any other communication deemed necessary as a user and customer. You are entitled to unsubscribe or stop promotional communication should you so desire, by following the necessary steps noted in our electronic communication message. We will acknowledge your opt-out request and update our system accordingly. We may then send one final survey to gain valuable customer feedback.
Online responsibility and conduct
Upon registration as a user, you are given a limited licence to access the website for its intended purpose of ordering products for home delivery, and paying online for these deliveries. You agree not to download, reproduce, or copy any information, text, graphics, descriptions, prices, videos or other personal information, for any reason whatsoever, and not to use the website or customer app for any other purpose, that is not authorised or sanctioned, that will bring into disrepute or threaten, violate our website, Company, other users, or our suppliers and related parties. Any breach of any of these Terms will result in immediate termination of access to your account, and the breach will be reported to the relevant authorities where applicable, and recovery of any liability and costs in the courts.
Upon accessing the app or website and placing an order and payment, made with your preferred payment channel, you will receive an email/app notification that we have received your order. Your order will be confirmed once the payment is approved, and then it will be processed for packaging and dispatch. Each order may attract a service fee, that will be advised on check-out.
Discount offers and coupons and Free product offers
Whenever we offer discounts, coupons and free products in our ordering process at various times, we request that you agree and consent to using these offers, within the spirit of the offer, and not abuse it, either knowingly or otherwise. We have final determination as to the approval of the offer and its validity.
All orders will be required to be paid fully on completion of the order via the website/app. Payment can be made via a lawful and valid debit or credit card or bank transfer, and upon confirmation of the payment receipt. Only then will the order be deemed complete and ready to be packaged and delivered, per the delivery schedule. Submitting a valid debit or credit card for payment on the website, warrants us to charge the card as the preferred payment channel, through our payment gateway.
If the debit or credit card is invalid or cannot be processed, or is declined for any reason, or is not able to be verified and processed, then the order will be suspended, and eventually cancelled, if the payment is not rectified by the intended delivery date. Please note that any payments attempted to be made with a fraudulent debit or credit card, will be rejected and the relevant authorities will be contacted and notified. We do not refund the amount once the order is successfully placed with payment.
Pricing and Weights
All efforts are made to update prices on the website and the app, but prices are subject to change at any time, as many of the products offered are subject to external factors like climate, supply, scarcity and seasonal availability. However, when you place your order, the shopping cart prices listed are final upon your checkout, irrespective of any price changes thereafter. Service fees may be added to the product order to determine the final invoice price, to be paid at checkout. Where orders include products based on weights, you agree and accept that a 15% variation over or under, will constitute the acceptable product ordered. Whilst all endeavours are made to ensure accuracy of the weights, variations may happen from time to time.
Upon ordering, please check the availability of the product ordered. If the product is unavailable, we will delete/mark it as out of stock from the product list. But from time to time, this may not occur and the product ordered may not be available for dispatch, even if payment has been made at checkout. Should this occur, we will offer a substitute ‘like for-like’ product, or issue you a credit for the product in your Credit Wallet.
Product Replacement and Wallet Credits
There will be occasions that the produce and/or products Boxe, you have ordered may be unavailable. This may be due to seasonal availability, scarcity, climate or a variety of other factors beyond our control. If the produce you ordered in the shopping cart is unavailable, and has already been paid for at the checkout, we will offer you a like-for-like produce or alternatively, issue you a credit for the value paid for the unavailable item, in your Credit Wallet. This Credit Wallet will be available to be used against future orders on your account. No refunds will be issued for amounts under $50, however if a refund is requested, there will be a $10 administration fee deducted, before the refund is issued back to the nominated credit card.
All credits in the Credit Wallet are not transferable and will not expire for a period of 6 months from the date of the credit.
If a significant number of produce or products ordered are unavailable, we reserve the right to cancel the order and issue a credit to your Credit Wallet, with the full value of the order, including the service fee paid at checkout.
If you believe that there is a discrepancy about the credit balance in your Credit Wallet, please email us at [email protected] and we will respond to your query after investigating the matter.
All decisions regarding the Credit Wallet will be at our discretion and will be final. It will be advised to you via email.
All deliveries will be either made directly by us or via our contracted courier company. Deliveries will be made to the specified address on your user account when the order is placed, and any delivery instructions will be adhered to. Should there be no-one to receive the product box when it arrives, you agree and consent that the product box will be able to be left unattended, at the designated delivery area, as specified on your user account when the order was placed. It will be acknowledged that the delivery has been completed and finalised.
Product boxes will be delivered with ice-packs, where required for meat and other products according to Food Health and Safety standards.
These are the conditions in relation to the deliveries. It is your responsibility to:
- Ensure that the delivery address and delivery instructions are correctly noted and accurate, on your account on the website. We are not responsible for any deliveries to incorrectly specified addresses, nor for any quality of the products due to the delay in any re-delivery, as a result of incorrect addresses or instructions on your account.
- Inspect the product box as soon as practicable to verify that your whole order has been duly fulfilled. Any missing items or inferior quality produce should immediately be notified to us via email at [email protected] with photographs. We will not entertain any request for missing or inferior quality products after 24 hours of the delivery has elapsed.
- Store the delivered products appropriately upon receipt, including immediate refrigeration where necessary. We accept no responsibility for contaminated products not properly refrigerated.
Should anything arise beyond our control and due to unforeseen circumstances, that would cause a delivery to not be made on the scheduled nominated delivery day, we will take all care and diligence to ensure that the delivery is made as soon as practicable, to that nominated delivery day. You will be advised by phone or electronic means should this occur, with information of the expected delivery.
The website will service the area within NSW and decided postcodes only. We make no representation of the use of website for International Use outside Australia. We will be servicing areas within our limitations and will be advising areas within Australia, to be serviced on the website. You may be able to ascertain the availability of our service based on your postcode. We make no representations of the use of this website outside of our areas of service.
Should you have any queries or concerns with these Terms, please contact us via email at [email protected].
These Terms and Conditions were last updated on 23-May-2020