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Terms & Conditions

 
  1. General
    1. This Site (www.victorianfarmersdirect.com.au) where you can browse, select and order products advertised on the Site from Victorian Farmers Direct, 83625757182 Victorian Farmers Direct, (“us” or “we”).
    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.
    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
    1. You agree to be 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
    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 the Privacy Act 1988 (Cth) and our privacy policy referred to in clause 21 below.
    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. 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
    1. You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
    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.
    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. 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
    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.
    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.
    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. Restricted Products
    1. If you are under 18 years of age, you may not use the site to place an order.
  7. Minimum and maximum amounts in each order
    1. 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 item/s you have ordered, then we may contact you when you place the order or within a reasonable time after you submit your order.
    2. If we reasonably believe you are placing multiple orders, whether under the same or different registration details, for the purposes of circumventing the order limits, all such orders may be cancelled by us without notice to you.
  8. Delivery of Products
    1. We will deliver the Products to the front door at the relevant Delivery Address you provide.  You do not need to be present in order for the Products to be delivered to the Delivery Address.  You are responsible for determining and ensuring that the Products can be safely delivered to the front door of the Delivery Address.  Please include any specific delivery instructions for the Delivery Address when you place your order. 
    2. We do not offer collection of Products.
    3. You agree to comply with certain delivery requirements specified below and such other requirements that we notify to you when you place your order through the Site.
    4. You are responsible for placing an esky at the Delivery Address to place your Products in.  If you do not place an esky at the Delivery Address then we will use our best endeavours to provide you with a loan esky however these may not always be available and therefore we may need to leave your Products at the Delivery Address without an esky.  We are not responsible for any loss, damage or spoilage of your Products as a result of you forgetting to provide an esky or similar item for the Products.
    5. Where necessary, we also place ice packs with your order of Products.  Please return any loan eskies and ice packs by placing them in your esky and leaving it at the Delivery Address for collection with your next order.
    6. You: (a) acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to receive your order; and (b) if no one is at the Delivery Address then you authorise us to deliver the Products to the front door of the Delivery Address. 
  9. Fraud and risk assessment
    1. We have processes in place to assist in detecting transactions that may be illegal or in breach of these terms. 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 Victorian Farmers Direct, please contact our Customer Service on 0415 303 878 or theteam@victorianfarmersdirect.com.au.
  10. Risk and title
    1. 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.
  11.  Our right to Cancel an Order
    1. We may cancel 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.
    2. If we cancel an order in accordance with: (a) clause 11.1(a) or 11.1(b) (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 any Delivery Fee (where the entire order is cancelled) and other fees and charges, will be refunded to your original payment method or through an alternative means. (b) clause 11.(c) (where you are in breach of these terms and conditions): we will provide you with reasonable notice of that cancellation. If your order is cancelled before the Cut Off Time, then the full payment amount, including any Delivery Fee (where an entire order is cancelled) and other fees and charges, will be refunded to your original payment method or through an alternative means. If your order is cancelled after the Cut Off Time, provided we are not also in breach of these terms and conditions, then we may charge you a cancellation fee of the lesser of $20 or the value of the payments made, in addition to the charges for any perishable Products that were ordered.  If any payment has been made in excess of $20 plus the charges for any perishable Products that were ordered, we will refund that excess amount to your original payment method or through an alternative means.
  12. Your rights to Cancel an Order
    1. You can change or cancel your order of Products at any time up to the Cut Off Time for delivery of your Products at no charge.  If you wish to cancel an order after the Cut Off Time you will be charged the full payment amount, including any Delivery Fee and other fees and charges payable in respect of that order. 
  13. Fees and charges
    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; and (c) any other fees and charges set out in these terms and conditions.
    2. All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable and are charged in Australian dollars.
    3. The purchase price of each Product is shown on the Site at the time you place your order.
    4. 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.
    5. If a Product that you have ordered is not available then we will provide you with a refund to your card of purchase to the value of the Products that were not supplied to you.
  14. Payment methods
    1. You must pay the fees and charges online using the online payment methods offered at the time of checkout.
    2. We accept the following credit cards: (i) Visa; and (ii) MasterCard
    3. 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 dishonour and cancel your order.
    4. You authorise Victorian Farmers Direct to debit the amount that is payable for an accepted order from your nominated credit card to pay for the fees and charges.
    5. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
    6. Our system will generate a receipt at the time of processing of payment for your order which specifies the total fees and charges for the Products in the order. A copy of the receipt can be accessed in your online account.
  15. Missing items in delivery
    1. If there are items missing from your delivery, 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 on-line account for the Products that were not supplied. In all other circumstances, you may contact Customer Service on 0419 905 544 during Contact Hours within 24 hours after 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) provide you with a credit to your on-line account for the Products that were charged but not delivered to you; or (ii) arrange for a re-delivery of the missing item at an agreed time.
  16. Returns
    1. If you wish to return a Product that was provided to you under these Terms and Conditions, because it is defective, then you must contact our Customer Service by telephone or email (including, where relevant, photos of the defective product) within 8 hours of the delivery time to make arrangements to return that Product. In this instance, we may arrange for a driver to pick up the Products or you may return the Product to us at the time we deliver your next order. Upon confirmation from the driver that the good/s have been received we will refund your on-line account. You must provide us with the Tax Invoice we issued to you for your order, or we must be able to verify your order of the Product through your online account to make a claim under this clause. If you fail to do so, then we may reject or deny your claim.
  17. Your general obligations
    1. 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 through Customer Service on 0415303878 during Contact Hours 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) must provide us with your date of birth to place an order for a Restricted Product (for example, a Product that contains liquor, alcohol or tobacco) or where a relevant law requires us to obtain or verify your date of birth before we agree to supply that Product to you; (e) are responsible for any costs associated with your access to or use of the Site, including Internet access fees; (f) are responsible and liable for any person that uses your LoginID and password to order Product(s) through the Site; (g) 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 (h) should check the labels on the Products before consumption or use.
  18. General restrictions
    1. 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.
  19. Suspension of account
    1. 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. Victorian Farmers Direct also reserves the right to otherwise cancel orders in accordance with clause 11.
  20. Warranties
    1. 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) you have and will comply with all relevant laws relating to your use of the Site and your placement of any order to us.
  21. Liability
    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.
    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 Victorian Farmers Direct’s obligations 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 limited to the total value of the relevant order of Products.
    3. Subject to clause 21.2, our liability to you for loss or damage of any kind arising out of this agreement in 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.
  22. Termination
    1. 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.
    2. You may stop using the Site at any time and for any reason.
    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 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.
  23. Privacy policy
    1. Our privacy policy is available on the Victorian Farmers Direct site and forms part of these terms and conditions. You acknowledge and agree to the terms of our privacy policy.
  24. Intellectual property rights
    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.
    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.
    3. 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.
  25. Changes to these terms and conditions
    1. 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.
    2. 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
    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.
    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.
    3. This agreement is governed by the laws of VIC. 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.
    4. Victorian Farmers Direct attempts 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.
  27. Definitions
    1. Capitalised terms used are defined in these terms and conditions. In these terms: Contact Hours means Customer Service contactable via email  theteam@victorianfarmersdirect.com.au. Cut Off Time means the latest time that changes or cancellation of an order of Products can be made by you, being before 3:00pm on the date that is 2 days prior to the date of delivery.  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. Delivery Fee means any fee or fees payable in respect of delivery of the Product notified to you at the time of placing an order. GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth). LoginID means the email address that you provided to us as part of the registration process to use the Site. Product means each good or service that is advertised on the Site. Restricted Product means a Product that is subject to certain restrictions (for example, age restrictions) on its sale by a relevant law.
SCHEDULE: Victorian Farmers Direct
ABN: 83625757182
262 Lorimer Street, Port Melbourne, Victoria  3207
0415 303 878



 
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