Terms and Conditions
DELIVERY
You must live in our delivery area to order. This is Brisbane Australia.
We deliver throughout the day on the nominated delivery day. All shipments require authority to leave. If you will not be home please leave specific delivery instructions on the checkout page for our drivers to follow.
Ownership of the goods will transfer to you once we have delivered in accordance with your delivery instructions.
We cannot commit to a delivery window. We will try to accommodate, but cannot guarantee, special requests.
Authority to leave is required for all orders.
2. SERVICE AVAILABILITY
Our site is only intended for use by people residing in nominated postcode districts within Australia (Service Areas). We do not accept orders from individuals outside those Service Areas. Customers must provide a valid email address and credit card for all orders accepted online. We do not accept orders by phone.
3. YOUR STATUS
By placing an order through our site, you warrant that:
you are legally capable of entering into binding contracts; and
you are at least 18 years old; and
you are resident in one of the Service Areas
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After completing the order process on www.myfoodmarket.com.au, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
4.2 The Contract will relate only to the Product you have ordered. 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. PRICE AND PAYMENT
5.1 From time to time My Food Market (C3 Australasia) may need to revise the price of its products up or down. .
5.2 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
5.3 Product prices include applicable taxes including GST.
5.4 Payment for all Products must be by credit or debit card or any other payment method on the online checkout page.
6. REFUNDS POLICY
6.1 Unfortunately we do not provide refunds in any scenario. This includes non-deliveries or change of mind.
7. DELIVERY
7.1 We only deliver addresses within the postcode areas nominated on our site.
7.2 Delivery is made within 72 hours, excluding weekends.
7.4 We will deliver the Products to the front door 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 any loss or damage suffered by us in connection with our delivery of the Products beyond the front door of the Delivery Address. You must make all appropriate arrangements to assist and allow us to deliver your order, including obtaining any prior security, or other, approvals which may apply to your delivery location.
7.5 We may require the person accepting the delivery of your order to provide us with proof of that person’s identity (including photographic identification) and, where relevant, age. If the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks.
7.6 My Food Market accepts no liability or responsibility for incorrectly placed orders. Nor do we accept liability or responsibility for delivery details which are incorrectly supplied, or you fail to supply.
7.7 If you will not be at home at the expected delivery time, we recommend you nominate a cool safe place for delivery of your order. If you do not provide a specific place for delivery, My Food Market will leave your order at your front door. If you advise My Food Market of any specific delivery instructions in your order, My Food Market will endeavour to comply with these instructions to the extent reasonably within its control.
7.8 You will be responsible for your order from the time we deliver your products in accordance with your instructions. We accept no liability or responsibility for any product once the product has been delivered to you.
7.9 You understand that My Food Market may need to change your delivery date and time from time to time. We will notify you as soon as reasonably practicable if your delivery date and time changes for any reason.
8. ACCEPTANCE OR REJECTION OF AN ORDER
8.1 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.
8.2 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.
8.3 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 will contact you when you place the order or within a reasonable time after you submit your order.
9. WARRANTY
9.1 Our products come with guarantees that cannot be excluded under the Australian consumer law. You are entitled to a replacement (up to the same value amount of your original order) for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. My Food Market does not refund but reserves to right to withhold a processing fee of $30 for any refund actioned at our discretion.
9.2 The consumer guarantees that apply to goods you purchase:
Goods will be of acceptable quality
Goods will be fit for a particular purpose
Goods will match their description
Any express warranties will be honoured
You will have title to the goods
9.3 You will have undisturbed possession of the goods. You acknowledge that the products displayed on the My Food Market website are indicative only and that the products you receive may vary from those displayed according to seasonal availability. In particular, 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.
10. VOUCHERS AND GIFT CARDS
10.1 We may offer gift cards, discount promotions and other types of voucher (Voucher) which require to be activated by email application in order for the holder to commence delivery of Products through a Service. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these terms and conditions shall become applicable as between us and the holder of the Voucher (Holder) when the Holder redeems the Voucher by applying for a Service to commence.
10.2 A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed, resold or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval. A Voucher is only valid on a household’s first box.
10.3 We reserve the right to withdraw or cancel any Voucher (other than a paid-up gift card) for any reason at any time.
10.4 Vouchers may only be redeemed through the website www.myfoodmarket.com.au and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher.
10.5 Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges (where applicable), which will be chargeable at normal rates.
10.6 Our customer referral program is designed to give customers a chance to recommend the FFC service to friends, families and colleagues. These vouchers are not valid if used inappropriately, such as being published on deal sites or bargain sites. Thus, My Food Market reserves the right to cancel any suspicious codes and delete credits from the sharers account.
11. RISK AND TITLE
11.1 The Products will be at your risk from the time of delivery.
11.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
12. DISCLAIMER AND LIMITATION OF LIABILITY
12.1 The following paragraphs exclude or limit our liability for your use of our website. They all apply so far as the law permits.
12.2 While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on our website, that information is provided in good faith and on an “as is” and “as available” basis and we do not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information.
12.3 We do not represent or warrant that our website will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system.
12.4 You must take your own precautions to ensure that the process which you employ for accessing our website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system.
12.5 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
12.6 The collection, use and disclosure of your personal information is also subject to our Privacy Policy.
12.7 We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use our website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through our website.
12.8 If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty, to the extent permitted by that legislation, and at our option, to the supplying of the products again refunding the purchase price of the Products.
13. IMPORTANT NOTICE ABOUT LINKED WEBSITES
13.1 Our website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.
13.2 Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent we stipulate to the contrary.
13.3 To the extent permitted by law, we accept no responsibility or liability for, and give no warranty (express or implied) of any kind in respect of, linked websites and your use of them or any products or services available on or through linked websites.
4. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. INTELLECTUAL PROPERTY RIGHTS
15.1 We are the owner or the licensee of all intellectual property rights in our site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
15.2 You may print off one copy, and may download extracts, of any pages from our site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
15.3 If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorise us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
16.3 Strikes, lock-outs or other industrial action;
16.4 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
16.5 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
16.6 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
16.7 Impossibility of the use of public or private telecommunications networks;
16.8 Epidemic, pandemic or other health emergency (whether declared or not);and
16.9 The acts, decrees, legislation, regulations or restrictions of any government.
16.10 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17. WAIVER
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
17.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
18. SEVERABILITY
18.1 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. ENTIRE AGREEMENT
19.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
19.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
19.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
19.4 Nothing in this clause limits or excludes any liability for fraud.
20. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
20.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
21. PRIVACY
21.1 We may use your contact information to send newsletters from us and from our related companies.
22. GOVERNING LAW AND JURISDICTION
22.1 The laws of Queensland and the Commonwealth of Australia apply to these terms and conditions. All disputes will be heard and settled in accordance with the Courts of Queensland and any courts of appeal therefrom.