Website Terms of Use

These Terms of Use (Terms) govern your use of our website located at <http://www.ormondfreshproduce.com.au> (Site) and form a binding contract between you, the user of the Site and us, Ormond Fresh Produce (ABN 31124981981) (we, us, our).

These Terms, together with the Privacy Policy and Product Warranty available on this Site, constitute the entire contract between you and us. No other terms will apply except where terms may be implied by law. The contract cannot be varied unless we agree to variations in writing or by email.
For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us by email at kelly73913@hotmail.com. 

By accessing or using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

1. Licence to use Site

1.1. We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this document.
1.2. You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
1.3. You must not add any content to the Site:
(a) unless you hold all necessary rights, licences and consents to do so;
(b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; 
(d) that would bring us, or the Site, into disrepute; or
(e) that infringes the intellectual property or other rights of any person.
1.4. The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website. 
1.5. You acknowledge and agree that: 
(a) we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion;
(b) the website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it;
(c) the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes); and 
(d) the content on the Site may include technical inaccuracies and typographical errors.

2. Age Restrictions

2.1. You must be at least 18 years of age to place an order with us. Check That Out does not knowingly accept orders from anyone under the age of 18. We may cancel any order if we determine that is was placed by a person under the age of 18. 

3. Your Account

3.1. To purchase a product from this Site you may create an account on this Site.
3.2. We retain absolute discretion to refuse to establish an account, to terminate an account and to remove or to edit content for any reason, including where an account has not been kept in accordance with these Terms.
3.3. It is your responsibility to provide your exact email address, delivery address and billing address and telephone number and to keep these current. Any incorrect information provided may lead to a delay in delivery in or non-delivery of the product ordered.
3.4. You are responsible for the confidentiality of your account password. Your password and account details are stored on a secure server for ease of use in processing future orders or for warranty claims.

4. Security

4.1. When you register your personal details to establish an account or to place an order, a secure server is used. to encrypt the information you send through the Site. We make no warranty in respect of the strength or effectiveness of that encryption and accept no responsibility for events arising from unauthorised access of the information you provide.

5. Purchasing Products

5.1. You may place a product in your “cart” by clicking the "Add to Cart" button on this Site.
5.2. When you place an order with us you have made an offer to us to purchase the product you have chosen. When we issue a tax invoice to you we have accepted your offer.
5.3. Both the offer and the acceptance are based on these Terms and are subject to any clause allowing for the cancellation of orders after the offer or acceptance stage prior to title in the product passing to you.
5.4. We will provide you with an order number by email after we have received your offer to purchase.
5.5. To prevent credit card or payment fraud your offer can only be accepted by us after it has passed our validation procedures.
5.6. We retain absolute and sole discretion to cancel orders after both the offer and acceptance stages if our processes identify any attempt at fraud or for any other reason including any misrepresentation made by you or having insufficient stock to fulfil an order.
5.7. If for any reason we cannot process or accept your order after payment is received, we will reimburse money paid.

6. Product Prices

6.1. The price displayed for products on this Site represents the full price, including GST, for the product itself but does not include postage and handling charges. The amount of the postage and handling charges will depend on the delivery destination.
6.2. Prices, promotions, versions and availability of products advertised on this Site are subject to change without prior notice. We reserve the right to change prices displayed for products on our Site at any time.
6.3. We make all reasonable efforts to ensure the accuracy of our product pricing. However if an error is made and a product is listed at an incorrect price, we may refuse to accept further offers to order products and we may cancel any orders already placed at the incorrect price at either the offer or acceptance stage. If an order has been charged to your credit card we may cancel the order. If this happens to you we will contact you regarding your requirements for the reimbursement of money paid by you in respect of the order.

7. Products Not Available

7.1. Although we do our best to make sure all products are available, dues to various causes, occasionally products will be unavailable. If you have ordered a product that is unavailable, we may try to contact you to discuss replacement with an alternative product. If no alternative is acceptable or available, we will refund to you the value paid for the unavailable product. 

8. Payment

8.1. We only accept payment through credit cards (Visa and Mastercard). 
8.2. Payment will not be processed until we have received all relevant information as we consider necessary for processing to be completed.
8.3. The processing of payment for orders placed on a weekend or a public holiday will not begin until the next business day.
8.4. We accept Australian credit cards only as payment for an order.
8.5. We process credit card payments when you checkout from the product order screen.
8.6 Whilst we employ security technology software for transactions with our customers, we are not responsible for any damages or consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.

9. Delivery

9.1. We provide an estimated delivery time which is dependent on your location. The estimated delivery times are within working days Monday to Friday excluding public holidays.
9.2. We will make every effort to deliver your product within the estimated delivery time but the actual delivery times may change due to changes in supply or circumstances beyond our control.

10. Title and risk

10.1. Legal title in the product passes to you upon full payment for your order being received by us and upon receipt of the product by you.
10.2. Risk associated with the product transfers to you upon receipt of it.

11. Returns

11.1. We do not provide refunds or exchanges merely because you have changed your mind regarding products ordered. We may, in our absolute discretion, allow a return for a credit or refund on a case-by-case basis provided the product you wish to return is returned on the day of receipt, not used or damaged and returned in its original, unmarked packaging and together with all accessories, manuals, documentation and registration documents that were delivered with the product.
11.2. To arrange a return you must first contact our Customer Service Team. You must not deliver the product back to us without first obtaining prior approval from our Customer Service Team. Once approval is obtained from the Customer Service Team, you will be provided with instructions for making the return. 
11.3. Clause ‎10 does not affect any rights you have to make a claim under our warranty or at law.

12. Intellectual Property Rights

12.1. Material contained on this Site is protected by copyright.
12.2. Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site. 
12.3. By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
12.4. You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
12.5. The licence in clause ‎11.3 will survive any termination of these Terms.
12.6. You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses ‎11.2 and ‎11.3.

13. Warranties

13.1. You represent and warrant to us that:
(a) you have the legal capacity to enter these Terms; and
(b) you have complied with clause ‎1.3.
13.2. Due to photographic and screen limitations associated with the representation of goods as well as different settings on users’ computers and monitors, some delivered goods may differ in appearance to a small extent (for example in colour) from the way they appear when viewing them on the Site. Further, some depictions of products on the Site have been developed for promotional purposes and may not be an exact representation of the product delivered. Accordingly, we are not able to warrant that the product you receive will be identical in appearance to that viewed on the Site.

14. Liability

14.1. To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages however caused (including negligence) arising out of or in connection with the Site content and the use or performance of the Site. This includes, is not limited to, loss or damage you might suffer as a result of any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the Site by any third party
14.2. To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

15. Termination

15.1. These Terms terminate automatically if, for any reason, we cease to operate the Site. Termination of these Terms will not affect any accrued rights or liabilities or the coming into force or the continuance in force of any provision of these Terms which is expressly or by implication intended to come into force or continue on or after the termination.
15.2. We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way. 

16. General

16.1. You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms. 
16.2. If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
16.3. Each party must at its own expense do everything reasonably necessary to give full effect to these terms and the events contemplated by it.
16.4. These terms are governed by the laws of Victoria and each party submits to the jurisdiction of the courts of Victoria.