WEBSITE TERMS AND CONDITIONS
In these Terms, ‘us’, ‘we’ and ‘our’ means Altona Fresh Pty Ltd (ACN 608 223 785), trading as Second Ave Grocer and our related bodies corporate.
Access and Use
- To access our website, you must be at least 18 years of age, possess the legal right and ability to enter into a legally binding agreement with us, and agree and warrant to use the website in accordance with these Terms.
- You may update, edit or terminate your account at any time through the website.
- When you use this website you are responsible for maintaining the confidentiality of your access information and for restricting access to your computer.
Ordering on the website
- You may order through the website by selecting your products then submitting your order in accordance with these Terms.
- Any order placed through this site for a product is an offer by you to purchase that particular product for the price specified (including the shipping fee 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.
- For all orders, there is a minimum transaction value of $50 (incl. GST), excluding the $12.95 flat-rate delivery fee.
- To ensure the greatest level of accuracy and efficiency, all orders must be processed through our website www.secondavegrocer.com.au
- You must ensure that all information provided by you in relation to your order is accurate, complete and up to date.
- The confirmation you receive for your order is not your invoice. You will receive a digital copy of your invoice as the order is finalised and shipped.
- 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. 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.
- 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. We will not supply the products to you on any term or conditions other than in accordance with these Terms.
- We do not accept changes made to an order that has been placed (such as adding or subtracting items from the order). In the case that you would like to make changes to an order you have placed, you will be required to cancel the order completely and place a new order via the website. Written cancellation of the order will need to be provided by you to our Customer Service team by emailing email@example.com by the order cut-off time relevant to the delivery window you have selected to have the order delivered in. For more information on delivery windows and order cut-off times, please visit the Shipping page of our website. If the order is cancelled by the relevant cut-off time, you will be refunded the value of the order placed, including the delivery fee within 3-5 business days.
- Purchase of any items for resale to a third party or for trade purposes is not permitted. We reserve the right to reject your order for any reason including in the case that we have a concern with the quantity of item/s you have ordered. 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.
Minimum and maximum amounts in each Order
- Unless otherwise indicated on the website, you may only obtain 30 items of a particular product in each order (there may be lower limits for specific products. If lower limits occur, we will inform you of these when you place your order or within a reasonable time after submitting your order.
- The minimum purchase amount for each pick up grocery order (also known as click and collect) or delivery order is $50 excluding the delivery fee as set out in the invoice.
- If you wish to place an order that varies from these requirements listed, please contact us on (03) 9399 1390 or at firstname.lastname@example.org. If we agree to that order, delivery times may vary.
Delivery of Products
- Information regarding order deliveries, including pricing and processes, is stipulated under the Shipping page of our website. We reserve the right to make changes to delivery prices and processes without obligation to issue any notice of changes. Any such changes will be updated as soon as is practical under the Shipping page of our website.
- Any specific delivery instructions for your order must be entered in the Order Notes in the checkout. We cannot be held responsible for damage or theft of your order, provided it has been delivered in accordance with the delivery instructions specified by you.
- We will deliver the products in the delivery window stipulated by us, at the front door of the delivery address supplied by you. If there is a chance that no one will be home within the delivery window and you would like us to leave the order, please ensure you select the ‘authority to leave’ option. The safety of the products becomes your responsibility on delivery. If there is no authority to leave, you are not home and are not contactable by phone, the delivery driver will bring your order back to our warehouse. It is your responsibility to contact us to arrange a new delivery window or collect the order yourself. If we arrange a new delivery window with you, you will be charged a handling, storage and redelivery fee of $20 for that order.
- If you ask us to deliver inside a premise or building at the delivery address, you are responsible for all loss or damage suffered by delivery person in connection with their delivery of the products beyond the front door of the delivery address.
- While all effort is made to ensure that your order arrives within the delivery window specified by you, due to circumstances out of our control, such as traffic, we cannot guarantee that the order will arrive within this window.
- If you select ‘authority to leave’ option for your order, we will endeavour to contact you at the delivery address or your nominated telephone number once we arrive at the delivery address. If we cannot contact you, we will leave your order unattended at your nominated delivery address or such other spot which we determine is suitable for delivery at the time.
- If you have selected to collect your order (Click and Collect), we will require the person collecting the order to provide us with proof of that person’s identify (including photographic identification. Where relevant, if the order has been paid by credit card, then we may ask you to show us the credit card for us to conduct our verification checks.
- We cannot hold responsibility for damages to, or spoiling of items in your order that occur as a direct consequence of the delivery contractor/company. If you receive an item from us that is faulty or not as described, please bring this to our attention within 24 hours of delivery so that we can assist you with an appropriate solution.
- If there is no one, or no appropriate person at the delivery address to receive the order or and you have not given us authority to leave your order then then:
- we will not deliver the products you have ordered; and
- we may charge you an administration fee of up to $20, plus the charges for any perishable products in your order that we have accepted.
- In this instance, we will endeavour to contact you to arrange delivery at a different time, and we may charge you an additional delivery fee for that replacement delivery.
Risk and Title
- Risk in the products passes to you on the date and time of the delivery to the delivery address or at the time of collection from Us. Title to the products passes to you on the later of the date and time of:
- payment for those products;
- delivery of those products to the delivery address; and
- collection of those products from Us.
- We use NAB Bank’s secure payment gateway to process all payments.
- Payments are accepted from Visa and Mastercard credit cards or debit card are accepted.
- We do not process sales on account or accept payments via direct bank deposit.
- Your payment will be processed at the time your order is completed and confirmation that we have received and accepted your order is emailed to you.
- Our customer service staff will not handle any credit card information via phone or email.
- All credit card details are held by NAB and cannot be accessed by our staff. Any changes or updates to your payment information are processed via this gateway.
- You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.
- We will provide you with a receipt at time of delivery or collection (as applicable) which specifies the total charges for the products in the order and the out of stock products including the dollar value refunded to your card of purchase.
Pricing & Availability
- We are an Australian company, and all prices are listed in Australian dollars and exclude GST where applicable.
- Pricing of produce (ie predominately fruit, vegetables and herbs) is subject to market fluctuation and will vary from week to week.
- The inclusion of any products or services on this site at a particular time does not guarantee that the products or services will be available.
- We reserve the right to withhold products from your order that are in stock at the time of completing your order, but at the time of picking and packing are either not available or do not meet our standards of quality. On the occasion that this occurs, we will not substitute the product with that of another brand or supplier, as we believe that you have browsed for, and selected that particular product in line with your own personal tastes and criteria. We will endeavour to contact you to let you know if there is an item that we cannot fulfil.
- 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:
- the requested products in that order are not available; or
- 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
- that order has been placed in breach of these Terms.
- If we cancel an order where product is unavailable or there is a pricing or product description error, 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 delivery fee will be refunded to your original payment method.
- Where you are in breach of these Terms, we reserve the right to cancel your order, in which case we will endeavour to provide you with reasonable notice of that cancellation. If your order is cancelled before the day of delivery, then the full payment amount, including delivery fee will be refunded to your original payment method. If your order is cancelled on the day of delivery, then we may charge you a cancellation fee of $20, plus charges for any perishable products that were ordered. If any payment has been made in excess of $20, we will refund the excess amount to your original payment method, excluding charges applied for perishable products that were ordered.
- We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept:
- the purchase price of each product that is ordered;
- the delivery fee provided to you;
- the cancellation fee for an order that is cancelled; and
- any other fees and charges set out in these Terms.
Refund and Return Policy
- We have implemented clear processes as well as trained our team to ensure we provide you with the best possible quality for your order.
- If you receive an item in your delivery or click and collect order that is faulty or not as described online, please email us at email@example.com or contact us at 62-76 Second Ave, Altona North, VIC 3025 within 24 hours of receiving your order so we can help find a reasonable solution. In accordance with the Fair Trade Act and the Australian Consumer Law, we will issue you with a refund of the full amount paid or a replacement of the products purchased if the items are faulty or not as described. The refund or replacement will be proceeded by the Second Ave team within 3-5 business days.
- Please ensure that you check your cart thoroughly before purchase as we do not offer any exchanges, refunds, credits or returns on items that were incorrectly ordered by you.
- If you have received an item that you did not order or were provided with an incorrect item in error, we will issue you with full refund or replacement of the item within 3-5 business days. If that item has been more than lightly used or if you have thrown it away, we reserve the right to reject your claim for a refund or replacement.
You are responsible for the disposal of all order packaging provided to you by us.
- We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services and/or products to you.
- All reasonable effort is made to ensure that there is sufficient available stock of products advertised on promotion on the website. Where there has been a greater demand than the supply, we reserve the right to withdraw the promotion from the website before the advertised termination time and date.
- To ensure fairness to all customers, we reserve the right to restrict the quantity per customer of products advertised on promotion on the website.
Accuracy, completeness and timeliness of information
- The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
- We reserve the right to:
- revoke any stated offer;
- correct any errors, inaccuracies, or omission; and
- make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law).
- Unless expressly indicated in the product description, we are not the manufacturer of the products sold on our website. While we work to ensure that product information on our website is correct, manufacturers may alter their product information. Actual product packaging and materials may contain more and/or different information than shown on our website. You should always read the labels, warnings and instructions provided with the product before using or consuming it and not solely rely on the information presented on our website. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour, nor that any given image will reflect or portray the full design or options relating to that product. If you have any specific product queries, please contact the manufacturer.
- We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else that may interfere with or damage the operations of your computer systems.
- We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
Intellectual property rights
- Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
- Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.
- Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
- All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
- You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
- using this website to defame or libel us, our employees or other individuals;
- uploading files that contain viruses that may cause damage to our property or the property of other individuals;
- posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
- If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
Warranties and disclaimers
- We warrant that we have the right, and are authorised, to supply the products to you.
- You agree that all representations, warranties and conditions, whether express or implied by common law or statute, as to the manner, quality and timing of the provision of the products (including as to the merchantability and/or fitness for purpose) are excluded, except for implied warranties the exclusion of which would contravene the law or cause any part of these Terms to be void (‘Non-Excludable Implied Warranties’).
- The warranties in these Terms and other warranties as may be prescribed by law will extend to you, your successors and assigns and will run for a period of twelve (12) months after delivery to you.
- To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
- We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
Limit of Liability & Indemnity
- Our liability to you for breaching of any term of these Terms or of any Non-Excludable Implied Warranty is limited to either re-performing the order or refunding the purchase price.
- We are not liable to you for any indirect or consequential damage, loss of data, revenue, profit, goodwill or business opportunity, suffered by it in any way arising under or in relation to these Terms, or a party’s use of the products.
- You will hold us harmless against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities arising out of or related to your use of the products.
- To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website or third party websites and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
- By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
If a “force majeure” event occurs, causing delay that continues for more than 14 Days, we may terminate this agreement provided we have given you reasonable notice. “Force majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
Jurisdiction and governing law
- Your use of the website and these Terms are governed by the law of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.
- If any provision in these Terms is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these Terms and the remaining provisions will remain in full force and effect.
We can be reached by email at firstname.lastname@example.org or at 62-76 Second Ave, Altona North, VIC 3025.