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The Organic Market and Café

Terms & Conditions

Terms & Conditions

THE ORGANIC MARKET & CAFÉ – ONLINE STORE

5 DRUID AVE

STIRLING  SA  5152

AUSTRALIA

 

1 General

1.1 This The Organic Market and Café Online Store shopping site at www.organicmarket.com.au (the “Site”) is a shopping website where you can browse, select and order products advertised on the site from Organics Australia Pty Ltd ABN: 50 070 764 457  trading as The Organic Market and Café, (‘The Organic Market’, ‘Organics Australia’, “us”,“we”, “online store” or the “site”).

1.2 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.

1.3 Your access to and use of the Site, including your order of products through the ‘Site’, is subject to these terms and conditions.

 

2 Compliance with the Terms & Conditions

2.1 You agree to bound by, and comply with, these terms and conditions:

(a) by completing your registration through the Site; and

(b) using the Site to obtain Products from us.

 

3 Registration

3.1 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 referred to in clause 20 below.

3.2 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.

3.3 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

4.1 You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.

4.2 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.

4.3 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.

4.4 You agree to provide us with current, complete and accurate details when asked to do so by the Site.

4.5 All orders that we accept for alcohol Products are processed and distributed by us and are transmitted from our licensed premises at 5 Druids Avenue Stirling.

4.6 You:

(a) acknowledge that it is against the law to sell or supply alcohol to, or obtain alcohol on behalf of a person under the age of 18 years; and

(b) warrant that you are not obtaining alcohol (including liquor Products) on behalf of a person under the age of 18 years.

5 Acceptance or rejection of an order

5.1 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 in your order.

5.2 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.

5.3 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 Minimum and maximum amounts in each order

6.1 Unless otherwise indicated on the Site:

(a) you may only obtain up to 36 items of a particular Product in each order (there may be lower limits for a particular Product that is the subject of a special or a promotion. We will inform you of these limits within a reasonable time after you submit your order); and

  1. for Refrigerated Courier or personalised Organic Market Staff delivery of goods, the minimum purchase amount for each order containing Chilled / Perishable goods is $75.00excluding the Delivery Fee.
  2. for Australia Post or Courier delivery of non perishable goods there is NO minimum purchase amount - other than the Delivery Charge
  3. for the Click ‘n’ Collect facility there is NO minimum purchase amount and NO packing/handling charge.

6.2 You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of items you have ordered, then we will contact you when you place the order or within a reasonable time after you submit your order. 

6.3 If you wish to place an order that differs from our ordering requirements, you will need to email us at organicmarketonline@ozemail.com.au  or contact us on 08 8339 4835 Monday to Friday 8.30 am to 6.00pm.. 

If we agree to an order that differs from our usual requirements, then you agree that the delivery time may be longer than our usual delivery times for standard orders. In this regard, we recommend that you allow at least 5 - 7 days between ordering and delivery or such other time that we notify you of at the time we accept your order - so that we can endeavour to source the product that you are after.

7 Delivery of Products 

7.1 We (or the courier services nominated by us) will only deliver Products ordered through the Site to a location where we provide delivery services.  You agree to provide us with complete and accurate information that we ask you to provide to enable us to fulfill your order that we have accepted.

7.2 We will aim to deliver during the window that you select. However, if an event occurs that is beyond our reasonable control, then we may not be able to do so and will not be liable to you or any other person for any such delay. In this instance, we will endeavour to provide you with notice of a delay as soon as reasonably possible.

7.3 We will deliver the Products to the front door or nominated position (if so requested on the order form) 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. This also applies to a requested delivery point at the Delivery Address.

7.4 We may require any person authorized by you to accept your order to provide us with proof of that person’s identity (including photographic identification) and where alcohol Products are supplied, proof of age;

7.5 If there is no-one or no authorised person (and no person over the age of 18 years where alcohol Products are supplied) at the Delivery Address to receive the order, and the ‘authority to leave’ has not been ticked on the Order form, we will not deliver the Products you have ordered. We will not deliver alcohol Products to a person who is intoxicated or who is under 18 years of age.

In these instances, we will endeavour to contact you or you may contact us to arrange for delivery at a different time. We will charge you a re-delivery fee equal to the initial delivery fee and may charge you for loss of any perishable Products in your order.

Alternatively you may arrange to collect your order from The Organic Market & Café at 5 Druid Ave Stirling, in which case no re-delivery fee will apply. We will not allow collection of an order of alcohol Products by a person who is intoxicated or under 18 years of age.

7.6  You many change your delivery time or date by preferably emailing us at organicmarketonline@ozemail.com.au  or contacting us on 08 8339 4835 Monday to Friday 8.30 am to 6.00pm.

If you change your delivery time or day:

(a) by midnight the day before despatch, no fees or charges will apply to that change.

 (b) notifications received after midnight the day before despatch will not be accepted as the goods will have been packed and/or dispatched.

 8 Risk and title

8.1 Title to the Product passes to you on the later of the date and time of:
(i) payment for those Products;

(ii) delivery of those Products to the Delivery Address;

(iii) collection of those Products from the Organic Market and Café at 5 Druids Avenue Stirling. 

Risk in the Products passes to you on the date and time of delivery to the nominated Delivery Address or at the time of collection from The Organic Market & Café at 5 Druids Avenue Stirling. 

8.2 Due to our current packing facilities and those of our suppliers we cannot guarantee that our products have not come into contact with, or contain traces of other products that are, or contain allergens such as nuts, gluten, soy, dairy, egg, bee products etc.

8.3 In the unlikely event that you receive from us product that is infiltrated by an insect, please notify us within 24 hours of receipt. We cannot accept responsibility for insect infestation if not notified within 24 hrs of receipt.

NB: Food grown and stored without herbicide or pesticide additives is sometimes more prone to infestation attack. For example, some moth eggs may find their way into the food during the process from pasture to table. We keep foods susceptible to weevils, moths, etc in a coolroom to minimise issues like this arising. Despite good housekeeping practices at our premises, eggs on rare occasions may hatch in transit to you, particularly in warmer weather. The transport companies used are not always refrigerated and goods could sit in depots overnight or weekends waiting for the next stage of delivery. This scenario could lead to incubation and mould etc particularly in hot and damp conditions. We recommend you seriously consider what you are ordering if delivery time is more than 2-3 days from dispatch in warmer weather. 

 

8.3a. The optional purchase of our insulated carrier bag ($10.00) for the transportation of your non perishable goods may alleviate or reduce the possibility of the above and is available from the Online Store (search: insulated chiller bag) but the purchase or use of that bag does not alter the provisions of clause 8.3.

We recommend that all grains, cereals, flours, pulses, etc are kept very cool and dry, for best protection refrigerated, especially Organic produce. If any infestation of insects occurs, ascertain what it is, and then freeze the produce for at least 3 days. Please do not hesitate to call us with any queries about what type of insect it may be.

8.3b. If the infestation is extreme, and beyond repair, we will be happy to send out a replacement or refund to you if you contact us within 24 hours of receipt.

8.4 Each state and territory within Australia has its own quarantine laws and lists of permissible plant/food items that can be sent across state boundaries. The onus is on you, the customer, to know and understand these laws and only order what you know can be safely imported from South Australia into your State. Customers from Western Australia in particular should familiarise themselves with these laws and permitted plant lists. Quarantine inspectors can and will open boxes that are of concern and will confiscate items that aren’t permissible. Goods damaged or confiscated by Quarantine or freight companies inspecting in the presence of quarantine inspectors and any resulting loss or damage are not the responsibility of The Organic Market & Café

8.5 We accept no responsibility for goods ordered and received that conflict with your dietary requirements e.g. gluten intolerance. Clause 8.2 outlines what the risks of cross contamination are. It is the responsibility of the customer to ensure that the goods are suitable for their intended use. We reserve the right not to accept the return of goods that have been purchased in error.

9.Canceling an order

9.1 We may cancel any 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; (unless the substitution waiver has been given)

(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 do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.

9.2 You may cancel an order by emailing us at organicmarketonline@ozemail.com.au (or contacting us on 08 8339 4835 Monday to Friday 8.30 am to 6.00pm) by midnight the day before dispatch. No fees or charges will apply to that cancellation.

Refunds will not be given for notifications received after this time as the goods will have been packed and likely dispatched.

 

10 Fees and charges

10.1 We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):

(a) the purchase price of each Product that is ordered;

(b) the delivery fee provided to you at the time you selected the relevant delivery window when placing your order (“Delivery Fee”); and

(c) any other fees and charges set out in these terms and conditions.

10.2 All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable.

10.3 The purchase price of each Product is shown on the product list on the Site at the time you place your order.

10.4 Just like in The Organic Market & Café bricks and mortar shop, prices for Products change from time to time being subject to market fluctuations. We cannot always 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. 

10.5 If:

(a) a Product that you have ordered is not available and we have not provided you with a substitute as requested; or

(b) you cancel an order under clause 9.2,

then we will credit your online account to the value of the Products that were not supplied to you.  This balance can then be applied to your next purchase.

If you are using our ‘Click n Collect’ facility - ie picking up your order rather than having it delivered, we will credit any amount owing to you due to a Product substitution not being made, to your online account.

11 Payment methods

11.1 Subject to clause 11.3, you must pay the fees and charges online using the online payment methods in clause 11.2.

11.2 We accept the following credit cards:

(i)Visa; Visa Debit

(ii) MasterCard, Mastercard Debit

11.3  If you select the ‘Click n Collect’ option and pick up your order from The Organic Market & Café at 5 Druid Ave Stirling, you must prepay online using the online payment methods in clause 11.2. above.

11.4 Payment by cheque or cash on delivery is not accepted under any circumstances.

11.5 If we are unable to successfully process your credit card payment for your order that is accepted by us, then we may notify you of this and cancel your order.

11.6 You authorise The Organic Market & Café to debit the amount that is payable for an accepted order from your nominated credit card to pay for the fees and charges.

11.7 You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.

11.8 We will provide you with a receipt at time of delivery which specifies the total fees and charges for the Products in the order and the dollar value of any amount credited to your account due to items being unavailable.

12 Substitution or missing items in delivery

12.1 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.

12.2 If you select the substitute option for some or all of your Products in an order, then we will endeavour to provide you with a substitute Product when the Product you have selected is not available.

We aim to select substitute Products that are of similar value and quality, but (subject to clause 12.5) we reserve the right not to provide you with a substitute Product even if a suitable substitute Product is available.

12.3 We provide you with an option to obtain a substitute Product for most Products, however, some Products such as gluten free products or other special dietary products are not able to be substituted.

12.4 If selected by you, then we will endeavour to provide you with a substitute Product where the price for that substitute Product is of equal or greater value than the Product you selected. If so, then we will charge you the price of the Product you ordered rather than the price of the substitute Product. If the substitute product costs less, we will credit your online account with the amount of the price difference of the substitute Product. This balance can then be applied to your next purchase.

12.5 If there are items missing from your order, then you should firstly check the receipt that we provided to you to determine if the missing Product is marked as out of stock.  If the missing Product has been charged for, we will credit your online account to the value of the Products that were not supplied to you.  This balance can then be applied to your next purchase.

In all other circumstances, you may contact us on 08 8339 4835 Monday to Friday 8.30 am to 6.00pm within 24 hours of the delivery 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, then we will (at your option):

(i) credit your online account to the value of the Products that were not supplied to you;

 (ii) arrange for a re-delivery of the missing item at an agreed time at no cost to you.

13 Returns

13.1 If you wish to return a Product that was provided to you under these terms and conditions, because it is defective, then you may:

(a) return that Product to us at The Organic Market & Café on Druid Ave Stirling for a refund; or

  1. by emailing us at organicmarketonline@ozemail.com.au  or contacting us on 08 8339 4835 Monday to Friday 8.30 am to 6.00pm within 12 hours of the delivery time to make arrangements to return that Product. 
  2. In this instance, you may return the Product to us at the time we deliver your next order; upon confirmation from driver the good/s have been received we will then we will credit your online account to the value of the Products.
  3. We may in some circumstances, request a digital photo be emailed to us for verification.

14 Your general obligations

You:

(a) must ensure that your password that is used to access the Site and the details of your account are kept in a safe and secure manner.  This includes ensuring that others cannot access your Facebook or Twitter accounts if accessing the Site via Facebook or Twitter;

(b) must notify us by emailing us at organicmarketonline@ozemail.com.au  or by contacting us on 08 8339 4835 Monday to Friday 8.30 am to 6.00pm if you are or become aware that there is or has been an unauthorised use of your 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 account and password to order Products through the Site, including via Facebook or Twitter;

(f) agree that we may charge you for all Products that we agree to supply to you that have been ordered using your account and password through the Site; and

(g) should check the labels on the Products before consumption or use.

15 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.

16 Suspension of account

16.1 We may:

(a) lock, suspend or delete your account or access to the Site at any time without prior notice to you; or

(b) cease providing the Site or any other product or service that may be available through the Site at any time.

16.2 If we lock, suspend or delete your account under clause 17.1(a), then we will refund all credits that you are entitled to receive under these terms and conditions by direct deposit to your nominated account once we have conducted all our verification and other relevant checks.

17 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 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.

18 Liability

18.1 Subject to clause 18.3, we exclude all implied terms and warranties whether statutory or otherwise, relating to the Site or the subject matter of this agreement. You acknowledge that the 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.

18.2 Subject to clause 18.3, we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this agreement.

18.3 Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):

(a) in the case of services: the resupply of the services; or the payment of the cost of resupply; and

(b) in the case of goods: the replacement of the goods or the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.

18.4 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.

18.5 Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.

19 Termination

19.1 We may terminate this agreement for convenience at any time on notice to you. Without qualifying the foregoing, 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.

19.2 You may stop using the Site at any time and for any reason.

19.3 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 is no longer available or we are prevented from supplying the Products, in which case, we will notify you and valid payments will be returned in accordance with these terms and conditions.

20 Privacy policy 

The Organic Market & Café will not sell, trade or rent information supplied to us by our customers, except as may be required by law. This includes your contact information, as well as any data that you supply to us in the course of customer service inquiry.

Purchases are processed by one of two e-commerce providers, MyFoodlink Pty Ltd or our secure gateway service eWay. Any information given in the course of a purchase transaction is protected in accordance with the privacy policy of the site where the purchase is made. For more information, see the privacy policies of MyFoodLink or eWay .

The Organic Market & Café may send email announcements of product updates and new versions, as well as special offers and company news. You can unsubscribe from or change preferences for any of our email lists easily by clicking on the links that appear at the end of every announcement.

Our privacy policy may be viewed on the following link on the Find Us page of the www.organicmarket.com.au  website and forms part of these terms and conditions. You acknowledge and agree to our privacy policy.

21 Intellectual property rights

21.1 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.

21.2 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.

21.3 This Site contains registered trademarks and other trade marks which are protected by law. You must not use any of the marks or trademarks 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 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. By continuing to use the Site after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions. 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.

23 General

23.1 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.

23.2 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.

23.3 This agreement is governed by the laws of South Australia, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.

 

24 Definitions

Capitalised terms used are defined in these terms and conditions. In these terms:

Contact Hours are by emailing organicmarketonline@ozemail.com.au  or calling us on 08 8339 4835 Monday to Friday 8.30 am to 6.00pm. 

Delivery Address means the address specified by you during the customer registration process for the delivery of Products that we will supply to you under these terms and conditions.

GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (C'wlth).

Product means each good or service that is advertised on the Site.

Disclaimer

We advise that we have no connection or affiliation to Organics Australia Online.  Organics Australia Pty Ltd is the proprietary company under which the following businesses operate: The Organic Market, The Organic Market Café, Organics Australia (exporters), The Organic Market & Café Online Store.