Terms of service

Adelaide Fresh – Website Terms & Conditions

1. Acceptance of Terms

1.1 By accessing, browsing or using this website (the Site), you agree to be bound by these Terms and Conditions (the Terms) and our Privacy Policy. If you do not agree, you must stop using the Site immediately.

1.2 Adelaide Fresh (referred to as “Adelaide Fresh”, “we”, “us” or “our”) may amend these Terms from time to time. Any changes are effective immediately when posted on the Site. Your continued use of the Site after any change constitutes acceptance of the updated Terms.

1.3 The Site is owned and operated by Adelaide Fresh. Our online merchant facilities are located in Australia.

2. Website Disclaimer

2.1 The information on this Site is provided for general information and personal use only. While we aim to keep information current and accurate, we do not guarantee that the content is complete, up-to-date or error-free.

2.2 You access and use the Site at your own risk.

2.3 To the maximum extent permitted by law, Adelaide Fresh makes no representations or warranties about the suitability, reliability, availability, timeliness or accuracy of the information, products, services or related graphics contained on the Site for any purpose.

2.4 We may change, update or remove any content on the Site at any time without notice.

2.5 Adelaide Fresh accepts no responsibility for any damage, loss, cost or expense (including to your computer system, devices, software or data) arising out of or in connection with your access to or use of the Site. You are responsible for ensuring that any equipment used to access the Site is adequately protected against viruses, malware and other risks.

2.6 The Site may contain links to third-party websites. These links are provided for your convenience only. They do not constitute an endorsement or recommendation by Adelaide Fresh of the third-party site, its content, products or services. You access any linked websites at your own risk and must review their own terms and conditions and privacy policies.

2.7 If you use any automatic language translation services in connection with this Site, you do so at your own risk. We do not warrant the accuracy of translated content.

2.8 All imagery on the Site is for illustrative purposes only. Product appearance, packaging, weights, sizes and presentation may vary from images shown, particularly for fresh food and seasonal products.

3. Product Availability

3.1 All products and prices advertised on the Site are subject to availability.

3.2 As we process your order, we will inform you by email if any products in your order are unavailable and, where reasonable, offer you an alternative product or a refund for that item.

3.3 For fresh and seasonal items, varieties, brands, sizes and appearance may change based on availability and quality. We reserve the right to substitute products of equal or greater value and comparable quality to fulfil your order where necessary.

3.4 If we cannot contact you using the details provided, we may, at our discretion, either:

• process the order using suitable substitutions; or
• cancel the unavailable item(s) and refund you for those items.

4. Pricing

4.1 All prices on the Site are shown in Australian dollars (AUD) and are inclusive of GST, unless stated otherwise.

4.2 Despite our best efforts, products may occasionally be listed at an incorrect price or with incorrect information.

4.3 If a product’s correct price is lower than the price listed, we will charge the lower amount and supply the product (subject to availability).

4.4 If a product’s correct price is higher than the price listed, we may, at our discretion:

• contact you for instructions before processing the order; or
• cancel your order for that product and notify you of the cancellation and any refund due.

4.5 The price of products will be the price displayed on the Site at the time you place your order. We may change prices at any time without notice. Price changes will not affect orders we have already accepted.

4.6 Delivery fees (if applicable) will be clearly displayed at checkout and form part of the total price payable.

5. Ordering and Payment

5.1 You must:

• only place orders in accordance with the instructions on the Site; and
• pay for the products in full (without set-off or deduction of any kind) by authorising us, or our payment provider, to charge your nominated debit or credit card or other accepted payment method.

5.2 By placing an order, you represent and warrant that:

• you are at least 18 years of age or have permission from a parent or legal guardian; and
• all information you provide is true, accurate, current and complete.

5.3 After you place an order, you will receive an acknowledgment (such as an order confirmation email). This acknowledgment does not constitute acceptance of your order. A contract for the sale of products is formed only when we accept your order and process payment.

5.4 We may, acting reasonably, refuse to accept or may cancel an order at any time (including after acceptance) if:

• the product is unavailable or discontinued;
• there is a pricing or product description error;
• we suspect the order is fraudulent or unauthorised;
• we reasonably believe the order breaches these Terms or applicable law; or
• we cannot process your payment.

If we cancel an order after payment has been processed, we will refund the relevant amount for the affected products to your original payment method.

5.5 Some products may be unavailable from time to time. We reserve the right to alter, upgrade, discontinue or replace any product or information on the Site at any time without notice.

5.6 All online transactions will be processed using our nominated merchant facility and will appear on your statement as charged by “Adelaide Fresh” or our specified trading name.

6. Gift Vouchers (if offered)

6.1 Gift vouchers (including electronic gift cards) issued by Adelaide Fresh are valid for three (3) years from the date of purchase, unless a longer period is required by law. The expiry date will be shown on the voucher or in the accompanying email.

6.2 Gift vouchers cannot be reissued or extended once expired. Any remaining balance on an expired voucher is forfeited.

6.3 We are not responsible for lost, stolen, damaged or misused gift vouchers and will not replace or refund them. Treat your voucher like cash.

6.4 We will dispatch or email your gift voucher after payment has cleared or on your specified delivery date (if later). We are not liable for any delays in delivery, regardless of cause (including email or postal delays).

6.5 If you are purchasing a voucher for someone else, you must ensure that the delivery address and recipient email address are correct. We are not responsible if a voucher is used by someone other than your intended recipient once it has been delivered to the address or email you provided.

6.6 The recipient is responsible for keeping the voucher details safe. Any use of the voucher will be deemed to be authorised by the purchaser or the recipient.

6.7 Gift vouchers are not redeemable for cash (except where required by law) and may only be used to purchase eligible goods and services from Adelaide Fresh.

7. Liability, Consumer Guarantees and Indemnity

7.1 Australian Consumer Law

7.1.1 Nothing in these Terms excludes, restricts or modifies any rights, guarantees, warranties or remedies you may have under the Australian Consumer Law or any other law that cannot be excluded, restricted or modified.

7.1.2 Where our liability cannot be excluded but can be limited, our liability is limited, at our option, to:

• in the case of goods – the replacement of the goods, the supply of equivalent goods, the repair of the goods, or the payment of the cost of doing so; and
• in the case of services – the supplying of the services again, or the payment of the cost of having the services supplied again.

7.2 General Limitation of Liability

7.2.1 To the maximum extent permitted by law, Adelaide Fresh will not be liable for any loss, damage, cost or expense of any kind (including indirect, consequential or special loss, loss of profit, loss of opportunity, loss of data or business interruption) arising out of or in connection with:

• your access to or use of the Site;
• any products purchased from the Site; or
• any act or omission of third-party service providers (e.g. payment gateways, delivery companies),

except to the extent caused by our negligence, fraud or wilful misconduct.

7.2.2 You are responsible for ensuring that any products you purchase are suitable for your purposes, and for checking product labels, ingredients and allergen information before consumption or use.

7.3 Indemnity

7.3.1 You agree to indemnify and keep Adelaide Fresh, its officers, employees and agents indemnified from and against all loss, damage, costs, expenses, claims, demands and liabilities (including legal fees on a full indemnity basis) arising directly or indirectly out of or in connection with:

• your breach of these Terms;
• your misuse of the Site; or
• your infringement of any intellectual property or other rights of any person in connection with your use of the Site.

7.3.2 This indemnity is reduced to the extent that the loss, damage, cost or expense is caused by our negligence, fraud or wilful misconduct.

8. Governing Law and Jurisdiction

8.1 These Terms are governed by the laws of South Australia, Australia.

8.2 You and we agree to submit to the non-exclusive jurisdiction of the courts of South Australia and any courts that may hear appeals from them.

8.3 Your statutory rights under the Australian Consumer Law and other applicable legislation are not affected by these Terms.

9. Our Details

Adelaide Fresh Fruiterers

Shop 3/206 Main South Road

Morphett Vale, SA, 5162

Australia

Phone: 08 83264488

Email: morphettvale@adelaidefresh.com.au

ABN: 20 122 256 384