Terms and Conditions
Welcome to The Fruits of Life website www.thefruitsoflife.com.au (‘Website’). The Website is owned and operated by T.J.S. Investments Pty Ltd, trading as The Fruits of Life.
The terms and conditions of purchasing over the Website, and purchasing over the telephone (‘Telephone Order’) (together, ‘Our Services’), are set out below (see the section Terms and conditions of purchasing over the Website and Telephone Orders).
The terms and conditions of use of the Website are also set out below.
If you do not agree to any of these terms and conditions, please do not use Our Services or the Website.
Please make sure you review these terms and conditions regularly, as they may be changed to meet the needs of our business and Our Services. These terms and conditions were last reviewed on 29 August 2011.
Terms and conditions of purchasing over the Website and Telephone Orders
This agreement is between T.J.S. Investments Pty Ltd trading as The Fruits of Life (‘FOL’, ‘We’ or ‘Us’) and the person using any of Our Services (You).
1. Definitions & Interpretation
1.1. All capitalised words in this agreement have the same meaning as their uncapitalised counterpart on the Website.
1.2. To the greatest extent practicable, terms, conditions and phrases on the Website apply to purchases made by Telephone.
1.3. Where any phrase has as particular meaning, any other grammatical form of that word has a corresponding meaning.
1.4. Headings are provided to assist with comprehension of this contract, and do not affect the scope or operation of any clause.
1.5. The following words have the following meanings in this agreement:
Adequate Delivery Instructions means delivery instructions that result in Us being able to leave Your Order somewhere that is accessible, safe, and fit for the purpose of receiving Your Order (which may include fresh produce, dairy and other perishables).
Products includes all fruit, vegetables, herbs nuts, and other items offered for sale in the Shopping Cart of the Website, or during a Telephone Order.
Latest Time for Orders is 5pm, two days before the day We are scheduled to make a delivery to Your area – You can find this out on the Delivery page of the Website (note, this is currently 5pm on Thursdays).
2. Acceptance of terms and conditions
By using any of Our Services, You are indicating that You agree to these terms and conditions.
3. Providing Your registration details
3.1. In order to process Your Order, You will need to provide registration details (including Your Name, Delivery Address, Contact Details etc) and create a personalised account. These details must be provided:
3.1.1. If You are purchasing through the Website, on the Account Details page; or
3.1.2. If You are purchasing through a Telephone Order, over the telephone.
3.2. You will need to provide a password as part of your registration details. The password is designed to protect Your Account and should be a word that would not be readily guessed by others.
3.3. You will be asked for Your password before any orders will be processed using any of Our Services, unless We can identify You in some other way.
3.4. You must keep Your password confidential and You understand that You will be responsible for any activity undertaken (including payment for orders placed) as a result of somebody using Your account with Your password.
3.5. You should update Your password regularly so that You ensure its confidentiality and You should immediately change it if You suspect that someone is using Your account without Your permission. We may contact You via telephone if we suspect that somebody has accessed Your account without Your authority.
3.7. If You create an Account, You are representing to Us that:
3.7.1. You are over eighteen years of age;
3.7.2. if You are a business, you are operated by a person over eighteen years of age, and that you have the proper authority to use Our Services; and
3.7.3. You have provided details that are true, accurate and not misleading.
3.8. If You are purchasing through the Website, once You have provided Your registration details and Your Account has been set up, We will send You a confirmation email. This email will contain introductory information about FOL and Our Services. Please print off this email for Your records.
3.9. If any of Your registration details change, You must notify us as promptly as possible, either by changing Your Account Details on the Website or by telephoning Us, and in any case You must notify Us prior to the Latest Time for Orders.
4. Selecting Your Order
4.1. If You are purchasing through the Website, You may select any number or combination of Products in the Shopping Cart as part of Your Order. Once You have done this, You should proceed through to the Payment page of the Website.
4.2. If You are purchasing through a Telephone Order, You may suggest any number or combination of Products as part of Your Order. We will provide information on availability, price, quality and any other information You reasonably require, and We may direct You to the Website to assist with ordering.
4.3. Your Order must total more than the Minimum Order Amount of $30.00. We may deliver smaller orders in some cases; You should call Us to discuss whether We can accommodate Your needs.
4.4. Most Products on the Website contain information relating to the Product. We may use this information to answer Your Product related questions during a Telephone Order. We have endeavoured to ensure the accuracy of this material, however We cannot guarantee or warrant that this is the case. We ask that you make Your own enquiries about the truth and accuracy of this information before you rely on (or use) this information for any purpose (including to purchase any Products).
4.5. Further to paragraph 4.4, You acknowledge that You have relied solely on Your own enquiries in relation to the use of any Products, or the use of any information relating to any Products.
4.6. We do not warrant or guarantee that the Products in Your Order will look like photos on the Website or in any other marketing material that We provide. Notwithstanding, We always maintain Our commitment to endeavor to deliver high quality produce (and high quality products generally) to You.
5. Paying for Your Order & establishing the contract
5.1. If You are purchasing over the Website:
5.1.1. In order to receive a delivery in accordance with our delivery schedule, You must establish the contract prior to the Latest Time for Orders;
5.1.2. The Total displayed on the Payment page of the Website is inclusive of any delivery charges and Goods and Services Tax, and is the amount due to Us under the Contract, once it is formed;
5.1.3. Once You have proceeded to the Payment page of the Website, You will need to enter in your credit card details. We only accept payment by credit card (either Visa or Mastercard). Unfortunately, We cannot accept other types of credit card, cash or cheque on delivery;
5.1.4. When you click Submit Payment on the Payment page of the Website, You are making a formal offer to Us for the Products on the terms and conditions set out in this contract and on the Website (to the extent that the Website is necessary for a clause in this contract to have meaning);
5.1.5. Once We have received Your offer, we will use Your credit card details to progress payment for the Products;
5.1.6. Your credit card details will pass to Our third party gateway provider, who will arrange for payment to be transferred from the account linked to Your credit card to Our bank;
5.1.7. Neither FOL nor our third party gateway provider store or keep your credit card details on file;
5.1.8. We formally accept Your offer when payment for Your Order is received (noting that any obligations under this contract, except the obligation outlined in clause 6.3, are still subject to the condition precedent outlined in clause 6); and
5.1.9. You will receive confirmation of this acceptance by notice on the Website and email.
5.2. If You are purchasing through a Telephone Order:
5.2.1. In order to receive a delivery in accordance with our delivery schedule, You must establish the contract prior to the Latest Time for Orders;
5.2.2. We will let You know the total, including any delivery charges, and any Goods and Services Tax, that will be collected for payment of Your Order;
5.2.3. In order to progress payment for your Order, we will need to obtain your credit card details. We only accept payment by credit card (either Visa or Mastercard). Unfortunately, We cannot accept other types of credit card, cash or cheque on delivery;
5.2.4. When You provide Your credit card details in accordance with clause 5.2.3, You are making a formal offer to Us for the Products on the terms and conditions set out in this contract and on the Website (to the extent the Website is necessary for a clause in this contract to have meaning);
5.2.5. Once We have received Your offer, We will use Your credit card details to process payment for Your Order; and
5.2.6. We formally accept Your offer when payment for Your Order is received.
6. Condition precedent for orders through the Website
6.1. If You choose to order through the Website, no terms or conditions (other than the obligation to repay any money that You have paid to Us, in accordance with clause 6.3) are or become binding on the parties unless and until We confirm that We are satisfied with the location You specify for the Personal Delivery.
6.2. If We have not called or emailed You to confirm that the condition precedent outlined in clause 6.1 will not be satisfied either:
6.2.1. within three business days from the day that We formally accept your offer under clause 5.1.7; or
6.2.2. in any case, before the date agreed for delivery of Your Order,
the condition precedent outlined in clause 6.1 is be taken to be satisfied.
6.3. If We confirm that the condition precedent outlined in clause 6.1 will not be satisfied, We will refund any money You have paid to Us under this contract, to the credit card that You nominate, or we will provide You with a credit to that amount.
7. Cancelling Your Order
7.1. Subject to clauses 7.2 and 7.3, You can cancel Your Order by telephoning Us.
7.2. If You cancel Your Order before the Latest Time for Orders:
7.2.1. We will refund any money You have paid to Us for Your Order to the credit card that You nominate over the telephone, and the party’s obligations under the contract will be treated to be at an end; and
7.2.2. A cancellation fee of $5.00 applies. This is to cover Our costs of processing and refunding the money that you have paid to Us. Both parties agree that this is a reasonable pre-estimate of the cost We are likely to incur.
7.3. If You cancel Your Order after the Latest Time for Orders:
7.3.1. We will refund any money You have paid to Us for Your Order to the credit card that You nominate over the telephone, and the party’s obligations under the contract will be treated to be at an end.
7.3.2. A cancellation fee of $20.00 applies. This is to cover Our costs of processing and refunding the money that you have paid to Us, and the cost of unpacking your Order. Both parties agree that this is a reasonable pre-estimate of the cost We are likely to incur.
8. Amending Your Order
8.1. You can ring Us to discuss amending Your Order. We will try Our best to accommodate Your request, however We cannot guarantee We will be able to amend Your Order (especially if You request the amendment after the Latest Time for Orders).
8.2. If We can amend Your Order, We will adjust the purchase price accordingly, by providing You with a refund (or store credit), or requiring You to pay an additional amount, as required.
8.3. Any amendment to an order must not result in the order totaling less than the minimum order amount of $30.00.
9. Availability issues
9.1. We will always try to make sure We deliver the Products You request in Your Order. However, the supply of Products (especially produce) are always subject to availability. As a result, there may be occasions when are not be able to deliver a Product that You have ordered.
9.2. If we cannot deliver a Product You have ordered, We will include a reasonable substitute for a comparable price.
9.3. If there is no reasonable substitute at a comparable price, We will contact to suggest another product.
9.4. If You agree to the substitute that We suggest in accordance with clause 9.3, We will make the necessary substitution to Your Order.
9.5. If You do not agree to the substitute, or if You no longer want the Product or We are unable to contact You, We will refund the amount You paid for the Product to the credit card that You nominate over the telephone.
10. Receiving Your Delivery
Personal deliveries – Adequate delivery instructions
10.1. You must provide Adequate Delivery Instructions on the Website (if You order through the Website), or over the telephone (if You order via Telephone).
10.2. If We determine that You have left Adequate Delivery Instructions pursuant to clause 10.1, We will deliver Your Order to the Delivery Address (if You order through the Website), or the address that You specify (if You purchase through a Telephone Order).
10.3. We will use Our best endeavours to deliver Your Order between the hours of 2am and 10am.
10.4. If We agree to hold a key to a premises for the purpose of delivering Your Order, We will:
10.4.1. deliver Your Order to that premises;
10.4.2. use Our reasonable endeavours to make sure We hold Your key securely;
10.4.3. not accept any liability for any loss (including resultant or consequential loss) from Us holding the key; and
10.4.4. make reasonable arrangements to return the key to You at Your request.
10.5. If Your Order is stolen or damaged after We have made the delivery in accordance with clause 10.2, You accept – and acknowledge that We do not accept – any liability or responsibility for Your Order. Theft and/or damage, once We have delivered Your Order, remain at Your own risk at all times.
Personal deliveries – Inadequate delivery instructions but a reasonable and adequate location for Your Order
10.6. If, either while We are preparing Your Order or when We reach Your Address, We determine that You have not left Adequate Delivery Instructions pursuant to clause 10.1, We will try to call or email You to arrange for what We determine to be Adequate Delivery Instructions.
10.7. If, by the time We have reached Your Address, and after We have attempted to notify You pursuant to clause 10.6, We still determine that We have not received Adequate Delivery Instructions, We will:
10.7.1. determine a reasonable and adequate location for Your Order (taking into account factors such as the actual Delivery Instructions; any physical, safety, accessibility or fitness for purpose considerations; and any time restraints that We have for delivering orders); and
10.7.2. leave Your Order in place that We determine pursuant to clause 10.7.1 to be reasonable and adequate.
10.8. If Your Order is stolen or damaged after We have made the delivery in accordance with clause 10.7.2, then subject to clause 10.9, You accept – and acknowledge that We do not accept – any liability or responsibility for Your Order. Theft and/or damage, once We have delivered Your Order, remain at Your own risk at all times.
10.9. If, after making a determination in accordance with clause 10.7.1, We leave Your Order in a location that is manifestly unreasonable, We will be responsible for any theft or damage to Your Order.
Personal deliveries – Inadequate delivery instructions and no reasonable and adequate location for Your Order
10.10. If, pursuant to clause 10.7.1, We determine that there is no reasonable and adequate location for Your Order, We will return Your Order to Our Shop.
10.11. If We return Your Order to Our Shop in accordance with clause 10.10:
10.11.1. We will inform You via telephone or email that We have returned Your Order to Our Shop;
10.11.2. We will endeavour to arrange another convenient time and place so that You can to receive Your Order. This may include You coming to Our Shop, or You paying the reasonable costs of our drivers to deliver to another location of Your choice. Agreeing to any alternative delivery arrangement will remain at Our discretion.
10.11.3. If We do not agree to an alternative delivery arrangement (as outlined in clause 10.11.2 above), We will be taken to have performed all of our obligations (including Our order-receiving, harvesting, ordering, packing and delivering obligations) under this contract. Our reasonable pre-estimate of the cost of carrying out these obligations, along with the costs of unpacking and reselling the Products in Your Order is $30.00, and this is the liquidated amount for which You are liable for breaching the obligation outlined in clause 10.2 above.
11. Replacing Products that are missing or not of acceptable quality
11.1. If a Product You have ordered is missing, or that a Product is not of a reasonably acceptable quality, the following procedure will apply:
11.1.1. You must notify Us by either telephoning or emailing Us; and
11.1.2. Once We have received notification under clause 11.1.1, We will arrange to supply You in Your next order with that Product (or a reasonable substitute if that Product is no longer available), which will be of an acceptable quality.
11.2. If You no longer need the Product, or if You do not place another order, We will refund You with the amount that You have paid for that Product to a credit card that You nominate.
12. Other provisions
12.1. (Access to facilities): In order to comply with any of Your obligations under this contract, You must ensure You have access to a telephone or computer with internet facilities.
12.2. (Website downtime): You understand that access to the Website will be occasionally restricted when We need to repair, upgrade or maintain the Website, or add new facilities to the Website. In the event that the Website is unavailable, please call Us if you need to make contact, otherwise:
12.2.1. You will not hold Us liable for any loss resulting from the unavailability of the Website; and
12.2.2. Our usual Latest Time for Orders deadlines continue to apply.
12.3. (No resellers): We only sell to end users. Our products must not be used for resale.
12.4. (Force majure): We are not liable for any breach or an express or implied obligation in this contract due to events or circumstances which are beyond Our reasonable control (including without limitation, heavy traffic conditions, fire, strikes, equipment or supplier failure).
12.5. (Liability cap): Any damages You can or may be able to claim for a breach of this contract, any other common law right, or statutory liability (to the extent applicable by law) are capped at the purchase price for the order, or if they relate to a specific Product, the value of that Product.
12.6. (Limitation of liability): We will not be liable to You for any representation, common law duty or as a result of any express or implied term of this contract for any losses:
12.6.1. which are not reasonably foreseeable or not consequential;
12.6.2. which are only a residual breach by Us; or
12.6.3. which are business or trade losses (including, loss of profits, loss of goodwill, loss of reputation and loss of business).
12.7. (Exclusion of other rights): This contract represents the express intention of the parties, and it is their express intention to be governed, to the maximum extent possible, by this contract alone and to exclude all other rights and obligations between the parties (common law or otherwise) to the maximum extent possible.
12.8. (Assignment or novation by You): You may only assign Your rights, or novate Your obligations, under this contract with Our prior written consent.
12.9. (Assignment or novation by Us): We may assign Our rights, or novate Our obligations, under this contract at any time, without Your prior written consent.
12.10. (Severance): If any part of this agreement is void or unenforceable, it is to be severed from the contract and the rest of this agreement continues and is of full force and effect.
12.11. (Applicable laws): This contract is governed by the laws of the state of Victoria.
Terms & Conditions of Use of the Website
1. Accuracy of material
Although we try to make sure all information provided on the Website is true, accurate and not misleading, we cannot guarantee that this is the case. As a result, you agree to use and rely on the information provided on the Website at your own risk and after making your own inquiries.
2. Quality of use
We will endeavour to make sure your experience when using the Website is free from all glitches, errors, worms, viruses, Trojan horses, and that you can access all publicly available parts of the Website without incurring any misuse or defect. However We cannot guarantee this, and will not be held liable for any loss if any of these were to occur.
3. Limitation of liability
This site is to be taken on an ‘as is’ basis and we exclude all express and implied warranties to the extent permitted under the law applicable in Victoria. We also exclude all indirect or consequential damages and limit all other liability to the extent permitted by law. By using this Website, You acknowledge that use of this Website is at Your own risk.
4. Please check you local laws
We intend for this site to be available to current and potential customers. If the use or content of this Website is for some reason prohibited by your local laws, then please do not use this site.
5. Validity of remaining provisions
If any of the clauses in this contract are invalid, the remaining clauses will continue unaffected.
6. Links to other sites
Websites not owned or operated by Us, but linked to Our website have not been reviewed by Us. We cannot accept responsibility for the content or representations contained in those websites.