1. General
The site at www.nutgrocer.com.au ("Site") is a shopping website where you can browse, select and order products advertised on the Site from Nut Grocer Australia ("us" or "we").
Please read these terms and conditions before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.
Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions.
2. Your agreement to the terms and condition
By accessing and using the Site, including placing orders of Products through the Site, you agree that you will be subject to and will comply with these terms and conditions (including our privacy policy).
(a) by completing your registration through the Site; and
(b) using the Site to obtain Products from us.
3. Registration
You must complete the customer registration process through the Site before placing an Order for Products through the Site. Any personal information that you give us will be held and used by us in accordance with our Privacy Policy.
You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the Site. You may not have more than two accounts per delivery address.
If you choose to use a workplace email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.
4. Placing an Order for Products
You may order Products by selecting and submitting your Order through the Site in accordance with these terms and conditions.
Any Order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the Order.
We may ask you to provide additional details or require you to confirm your details to enable us to process any Orders placed through the Site.
You agree to provide us with current, complete and accurate details when asked to do so by the Site.
5. Acceptance or rejection of an Order
We reserve the right to accept or reject your Order for any reason, including if the requested Product is not available, if there is an error in the price or the product description posted on the Site or an error in your Order.
Each Order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each Order accepted by us, we will supply the Products in that Order to you in accordance with these terms and conditions.
If we reject an Order placed through the Site, then 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.
6. Delivery of Products
We will only deliver Products ordered through the Site to a location where we provide delivery services.
You may obtain further information on the Site about our delivery fees and how we deliver your Products on the Shipping Information page.
We will deliver the Products to the front door at the relevant Delivery Address. If you ask us to deliver inside a premise or building at the Delivery Address and we agree to do so, then you are responsible for all loss or damage suffered by us in connection with our delivery of the Products beyond the front door of the Delivery Address.
You agree to comply with certain delivery requirements specified below and such other requirements that we publish on the Shipping Information page.
We will require the person accepting the delivery of your Order to provide us with proof of that person’s identity (including photographic identification) and, where relevant, age. If the Order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks.
If there is no one or no appropriate person at the Delivery Address to receive the Order, then we will endeavour to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional Delivery Fee for that replacement delivery.
You acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to receive your Order and, where relevant, make payment for that Order. You also acknowledge that we may record the details of any identification provided in relation to delivery of Products.
7. Bulk Orders
Orders that total over 20kg are classified as "Bulk Orders" and will require special handling and transport allocation. If your order is over 20kg, please contact us and we'll arrange special shipping for your order.
Please contact us here or on (03) 9547 3998.
8. Fraud and risk assessment
We may contact you by telephone or email to confirm your payment and information details. If we are unable to confirm these details, we may cancel your Order. If you are unsure whether the person contacting you is from Nut Grocer Australia, please contact us here or on (03) 9547 3998.
9. Risk and title
Risk in the Products passes to you on the date and time of delivery to the Delivery Address. Title to the Products passes to you on the later of the date and time of:
(a) payment for those Products; and
(b) delivery of those Products to the Delivery Address.
10. Cancelling an Order
We may cancel any Order or part of an Order (including any Orders that we have accepted) without any liability to you for that cancellation at any time if:
(a) the requested Products in that Order are not available; or
(b) there is an error in the price or the product description posted on the Site in relation to the relevant Product in that Order; or
(c) that Order has been placed in breach of these terms and conditions.
If we cancel an Order, we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled Order. If any payment has been taken for the cancelled Order, then the full payment amount, including any Delivery Fee and other fees and charges, will be refunded to your original payment method or through an alternative means.
You may request a cancellation for an Order by contacting us here or on (03) 9547 3998. We will not accept a cancellation request if you change your mind or make an incorrect Order. You may only cancel an Order that has been accepted by us if you make the request within one (1) hour after you placed the Order, and a Shipment Process for the Order has not been initiated. In this instance, no fees or charges will apply to that cancellation.
We may reject, at our discretion, a cancellation request if the request is not received within the required period. If we agree to accept the request, we may charge you a Shipping Fee that has been incurred, a Shipping Fee to return the Order to us, a cancellation fee of 20% of the Order value, and the costs to us arising from the cancellation.
If you cancel an Order in respect of which we have taken payment, and we have agreed to accept your cancellation request, then the payment amount, excluding any Shipping Fees and other fees and charges payable for failure to notify us of your cancellation within the required period, will be refunded to your original payment method or through an alternative means.
11. Fees and charges
We will charge you, and you agree to pay, the following fees and charges in relation to an Order that we accept (as applicable):
(a) the purchase price of each Product that is ordered;
(b) the delivery fee shown on the site and displayed when you place your Order;
(c) the cancellation fee for an Order that is cancelled as set out in section 14; and
(d) any other fees and charges set out in these terms and conditions.
All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable.
The purchase price of each Product is shown on the product list on the Site at the time you place your Order. Prices for Products 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 Products in that Order.
If a Product that you have ordered is not available and we have not provided you with a substitute then we will provide you with a refund back within 3-5 business days to your original payment method to the value of the Products (excluding delivery) that were not supplied to you.
12. Payment methods
You must pay the fees and charges online using one of the online payment methods below:
- Visa and Visa Debit;
- MasterCard and MasterCard Debit;
- PayPal
If we are unable to successfully process your payment for your Order that is accepted by us, then we may notify you of dishonour and cancel your Order.
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.
You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
13. Substitution or missing items in delivery
You acknowledge that a Product that you order may be out of stock or temporarily unavailable. If this happens, then we will not be able to provide you with that Product.
We aim to select substitute Products that are of similar value and quality, but we reserve the right not to provide you with a substitute Product even if a suitable substitute Product is available.
If there are items missing from your delivery or collection, then you should check the receipt that we provided to you to determine if the missing Product is marked as out of stock. If so, then we will provide you with a refund to your original payment method for the Products that were not supplied.
In all other circumstances, you may contact us here or on (03) 9547 3998 within 24 hours after the delivery or collection time and we will take steps to verify and confirm any such missing items. Once we are reasonably satisfied that the item was not delivered to you, provide you with a credit to your original payment method within 3-5 business days for the Products that were charged but not delivered to you.
14. Returns
Our Returns Policy applies to all purchases of Products using the Site and forms part of these terms and conditions. Our Returns Policy is available here.
Our Returns Policy applies in addition to any other rights to which you may be entitled under the consumer guarantees provisions of the Australian Consumer Law. Our liability to you under this agreement is otherwise limited as set out in section 19 below.
15. Your general obligations
You:
(a) must ensure that your LoginID and password that is used to access the Site and the details of your account are kept in a safe and secure manner;
(b) must notify us by contacting us here or on (03) 9547 3998 if you are or become aware that there is or has been an unauthorised use of your LoginID and password or account, or any other security breach relating to your account;
(c) must promptly advise us of any changes to your information provided to us as part of the customer registration process;
(d) are responsible for any costs associated with your access to or use of the Site, including Internet access fees;
(e) are responsible and liable for any person that uses your LoginID and password to order Product(s) through the Site;
(f) agree that we may charge you for all Products that we agree to supply to you that have been ordered using your LoginID and password through the Site; and
(g) should check the labels on the Products before consumption or use.
16. General restrictions
You must not:
(a) use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
(b) use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
(c) make fraudulent or speculative enquiries, purchases or requests through the Site;
(d) use another person’s details without their permission or impersonate another person when using the Site;
(e) post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
(f) tamper with or hinder the operation of the Site;
(g) knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
(h) use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
(i) modify, adapt, translate or reverse engineer any portion of the Site;
(j) remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
(k) reformat or frame any portion of the web pages that are part of the Site;
(l) create accounts by automated means or under false or fraudulent pretences;
(m) use the Site to violate the security of any computer or other network or engage in illegal conduct;
(n) take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
(o) use the Site other than in accordance with these terms and conditions; or
(p) attempt any of the above acts or engage or permit another person to do any of the above acts.
17. Suspension of account
We reserve the right to refuse service, terminate accounts and/or remove or edit content if we, acting reasonably, deem that you have acted in breach of these terms and conditions or have used the Site in a fraudulent or improper manner.
18. Warranties
You warrant that:
(a) all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
(b) the person receiving the Products at the Delivery Address or collecting the Products on your behalf is authorised by you to do so; and
(c) you have and will comply with all relevant laws relating to your use of the Site and your placement of any Order to us.
19. Liability
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.
Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or our liabilities under those provisions:
(a) you acknowledge that each Site is provided "as is" and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose;
(b) we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Site or the subject matter of this agreement; and
(c) 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 wilful misconduct.
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.
20. Termination
We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:
(a) the breach cannot be remedied; or
(b) you fail to the remedy the breach within 10 days of our notice to you of that breach; or
(c) if there is an emergency.
We may stop making the Site (or any part of it) available without prior notice. If so, any Orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.
21. Intellectual property rights
You:
(a) acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the “Materials”) are owned by or licensed to us;
(b) must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
(c) must not frame or embed in another website any of the material appearing on this Site without our prior written consent.
You may:
(a) store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and
(b) print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.
This Site contains registered trade marks and other trade marks which are protected by law. You must not use any of the marks or trade marks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.
22. Supply of Alcohol
We support the Responsible Service of Alcohol. Under the Liquor Control Reform Act 1998 it is an offence: To supply alcohol to a person under the age of 18 years (Penalty exceeds $17,000); For a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $700). Packaged Liquor License No. 36165808.
We do not sell alcohol or liquor to persons under the age of 18. By placing an Order for alcohol or liquor on this Site, you confirm that all the details that you have provided in completing the order and offer to purchase the alcohol are true and correct. It is a condition of purchase that you verify that you are 18 years of age or over. If you do not confirm that you are 18 years or over, your Order will not be processed. By placing an Order for alcohol on this Site, you are acknowledging that the person receiving a shipment of alcohol or liquor is over the age of 18.
We reserve the right to request further information such as photo ID and credit card information for validation of age, identity and address for security purposes. Failure to comply with requests for further information may result in cancellation of the Order in question.
23. Business Accounts
If you have signed up for a business account and we approved your request, you agree that:
(a) each order placed using your business account requires a minimum of $300 inc. GST; and
(b) we may change your business account to become a non-business account if you have not placed an order using the business account in any six month period, and
(c) if we changed your business account to become a non-business account, you will be required to re-apply for a business account.
24. Purchase of items to be exported outside of Australia
You:
(a) acknowledge that items you purchased may be subject to the destination country's taxes, customs or import duties, and biosecurity requirements; and
(b) are wholly responsible for any taxes, customs or import duties incurred; and
(c) are wholly responsible for any costs incurred to take any actions required to comply with the biosecurity requirements; and
(d) accept that no refunds will be provided for items to be returned as a result of the destination country's taxes, customs or import duties, or biosecurity requirements.
25. Changes to these terms and conditions
We may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. For future orders, these terms may therefore be different. We recommend that you read these terms carefully each time you agree to them during the ordering process.
If you have an Order that has been accepted by us, the terms and conditions that will apply to the Order are the terms and conditions that applied at the time you placed your Order.
26. General
The Site may contain links to external websites that are not operated by us or our related bodies corporate.
These links are provided for your convenience only and you agree that:
(a) we make no representations or warranties, or have any responsibility or liability for those websites; and
(b) these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.
You agree that you access and use the products and services made available at those sites solely at your own risk.
If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
This agreement is governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.
We attempt to be as accurate as possible and uses its best endeavours to ensure, but does not itself warrant, that any information provided by its suppliers, including in relation to product descriptions or other content of this site, is accurate, complete, reliable, current or error-free.