Terms & Conditions
Sunbury Providores ONLINE TERMS & CONDITIONS
1.1 The Sunbury Providores shopping site at www.sunburyprovidores.com.au (the “Site”) is a shopping website where you can browse, select and order products advertised on the Site from Sunbury Providores (Scaful investments PTY LTD ATF Scaful Family Trust ABN 77 337 912 628 trading as Sunbury Providores) (“Sunbury Providores”, “us” or “we”).
1.2 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.
1.3 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
2.1 You agree to 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.
3.2 You may not have more than one active account, and your account is non-transferable.
3.3 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
4.1 You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
4.2 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.
4.3 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.
4.4 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
5.1 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.
5.2 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.
5.3 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 Minimum and maximum amounts in each order
6.1 Unless otherwise indicated on the Site:
(a) you may only obtain up to 36 items of a particular Product in each order (there may be lower limits for a particular Product that is the subject of a special or a promotion. We will inform you of these limits within a reasonable time after you submit your order); and
(b) the minimum purchase amount for each order is $50.00 excluding the delivery and other charges and taxes at the time you place the order.
6.2 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 items you have ordered, then we will contact you when you place the order or within a reasonable time after you submit your order.
6.3 If you wish to place an order that differs from our ordering requirements, then you will need to contact Customer Service during Contact Hours. Customer Service is available during Contact Hours by calling 0417 063 252 or emailing firstname.lastname@example.org Contact Hours are Monday to Friday 7.00 am to 10.00am, 3.00pm to 6.00pm, Monday to Friday.
If we agree to an order that differs from our usual requirements, then you agree that the delivery time may be longer than our usual delivery times for standard orders. In this regard, we recommend that you allow at least 3 days between ordering and delivery or such other time that we notify you of at the time we accept your order.
7 Delivery of Products
7.1 We will deliver the Products to the front door at the relevant Delivery Address.
7.2 You agree to comply with certain delivery requirements specified below and such other requirements that we notify you of when you place your order through the Site:
(a) If the delivery relates to your first order, then you must be present to accept your order and, at our request, provide us with photographic identification if requested.
7.3 We may require any person authorized by you to accept your order to provide us with proof of that person’s identity (including photographic identification);
7.4 If there is no-one or no authorised person at the Delivery Address to receive the order, then we will endeavour to contact you on your identified contact number. If you have given permission to deliver goods if unattended then we will leave the goods at the delivery address. If not, we will endeavour to contact you to arrange an alternative delivery time and noting that we may charge you a redelivery fee and you may be charged for the loss of any perishable products in the order.
In this instance, we will endeavour to contact you, or you may contact us to arrange for delivery at a different time. We will charge you a re-delivery fee equal to the initial delivery fee and may charge you for loss of any perishable Products in your order.
7.5 Other than as required under clause 7.2(a) for your first order, you acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to receive your order.
8 Risk and title
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.
9 Cancelling an order
9.1 We may cancel any part of 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.
If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.
9.2 You may cancel an order by contacting Customer Service during Contact Hours.
If you cancel your order:
(i) before the day of delivery, then no fees or charges will apply to that cancellation; and
(ii) on the day of delivery, then we may charge you a cancellation fee of $20.00 and the charges for any perishable Products that were ordered.
10 Fees and charges
10.1 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 provided to you at the time you when placing your order (“Delivery Fee”); and
(c) the cancellation fee for an order that is cancelled as set out in clause 9.2(ii); and
(d) any other fees and charges set out in these terms and conditions.
10.2 All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable.
10.3 The purchase price of each Product is shown on the product list on the Site at the time you place your order.
10.4 Prices for Products change from time to time and we do not provide any notice of these changes. 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.
(a) a Product that you have ordered is not available and we have not provided you with a substitute; or
(b) you cancel an order under clause 9.2(a),
then we will credit your account within 3-5 business days to the value of the Products that were not supplied to you. This balance can then be applied to your next purchase.
11 Payment methods
11.1 You must pay the fees and charges online using the online payment methods in clause 11.2.
11.2 We accept payment by the following methods:
11.3 Payment by cheque or cash on delivery is not accepted under any circumstances.
11.4 You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.
12 Substitution or missing items in delivery
12.1 You acknowledge that a Product that you order may be out of stock or temporarily unavailable. If this happens, then we will not be able to provide you with that Product.
12.2 We will endeavour to provide you with a substitute Product when the Product you have selected is not available.
We aim to select substitute Products that are of similar value and quality, but (subject to clause 12.5) we reserve the right not to provide you with a substitute Product even if a suitable substitute Product is available.
12.3 We provide you with an option to obtain a substitute Product for most Products, however, some Products such as gluten free products or other special dietary products are not able to be substituted.
12.4 If the price for that substitute Product is of equal or greater value than the Product you selected; we may charge you the price of the substitute Product. If the substitute product costs less, we will credit your account within 3-5 business days with the amount of the price difference of the substitute Product. This balance can then be applied to your next purchase.
12.5 If there are items missing from your order, 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, we will credit your account within 3-5 business days to the value of the Products that were not supplied to you. This balance can then be applied to your next purchase.
In all other circumstances, you may contact Customer Service during Contact Hours within 24 hours of 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:
(i) credit your account within 3-5 business days to the value of the Products that were not supplied to you; or
(ii) arrange for a re-delivery of the missing item at an agreed time.
13.1 If you wish to return a Product that was provided to you under these terms and conditions, because it is defective, then you may:
(a) contact our Customer Service by telephone within 8 hours of the delivery time to make arrangements to return that Product.
In this instance, you may return the Product to us at the time we deliver your next order; upon confirmation from driver the good/s have been received we will then we will credit your account within 3-5 business days to the value of the Products.
You must provide us with a photograph of the defective produce and the invoice we issued to you for your order to make a claim under this clause. If you fail to do so, then we may reject or deny your claim.
14 Your general obligations
(a) must ensure that your password that is used to access the Site and the details of your account are kept in a safe and secure manner. This includes ensuring that others cannot access your Facebook or Instagram accounts if accessing the Site via Facebook or Instagram;
(b) must notify us by calling our Customer Service on 0417 063 252 or emailing email@example.com between 7am and 7pm Monday to Friday if you are or become aware that there is or has been an unauthorised use of your password or account.
(c) must promptly advise us of any changes to your information provided to us as part of the customer registration process;
(d) are responsible for any costs associated with your access to or use of the Site, including Internet access fees;
(e) are responsible and liable for any person that uses your account and password to order Products through the Site, including via Facebook or Instagram;
(f) agree that we may charge you for all Products that we agree to supply to you that have been ordered using your account and password through the Site; and
(g) should check the labels on the Products before consumption or use.
15 General restrictions
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, trademark 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.
16 Suspension of account
16.1 We may:
(a) lock, suspend or delete your account or access to the Site at any time without prior notice to you; or
(b) cease providing the Site or any other product or service that may be available through the Site at any time.
16.2 If we lock, suspend or delete your account under clause 16.1(a), then we will refund all credits that you are entitled to receive under these terms and conditions by direct deposit to your nominated account once we have conducted all our verification and other relevant checks.
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) the person receiving the Products at the Delivery Address is authorised by you to do so; and
(c) you have and will comply with all relevant laws relating to your use of the Site and your placement of any order to us.
18.1 Subject to clause 18.3, we exclude all implied terms and warranties whether statutory or otherwise, relating to the Site or the subject matter of this agreement. You acknowledge that the 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.
18.2 Subject to clause 18.3, we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this agreement.
18.3 Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):
(a) in the case of services: the resupply of the services; or the payment of the cost of resupply; and
(b) in the case of goods: the replacement of the goods or the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.
18.4 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 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.
18.5 Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.
19.1 We may terminate this agreement for convenience at any time on notice to you. Without qualifying the foregoing, 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.
19.2 You may stop using the Site at any time and for any reason.
19.3 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 is no longer available or we are prevented from supplying the Products, in which case, we will notify you and valid payments will be returned in accordance with these terms and conditions.
21 Intellectual property rights
(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.
21.2 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.
21.3 This Site contains registered trademarks and other trademarks which are protected by law. You must not use any of the marks or trademarks 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.
22 Changes to these terms and conditions
We may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions. 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.
23.1 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.
23.2 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.
23.3 This agreement is governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
Capitalised terms used are defined in these terms and conditions. In these terms:
Contact Hours are Monday to Friday 7.00 am to 10.00am, 3.00pm to 6.00pm, Monday to Friday.
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.
GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).
Product means each good or service that is advertised on the Site.