Terms & Conditions

FARMERS PICK PTY LTD (ACN 641 972 965)

Updated: 04/07/2025

Our Disclosures:

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

We are a subscription service, and by placing an order with us, you are agreeing to order products from us on an ongoing basis. 
All of the products on the Site are subject to availability. Due to market conditions outside our control, sometimes we will need to substitute certain products in your order.
We may need to change the Price from time to time. If we change the Price, we will provide you with 14 days’ notice of the change. After 14 days, we will apply the new Price to your existing payment details for all future orders. If you do not agree with the new Price, you may cancel your subscription in accordance with these terms.
Our liability under these terms is limited as set out in clause 8

Nothing in these terms limit your rights under the Australian Consumer Law.

1 Introduction
(a) This website (Site) is operated by Farmers Pick Pty Ltd (ACN 641 972 965) (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site.

2 Use of the Site
(a) You accept these Terms by placing an order via the Site.
(b) You must not use the Site and/or place an order for products through the Site unless you are at least 18 years old.
(c) When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
(1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
(2) using the Site to defame, harass, threaten, menace or offend any person;
(3) using the Site for unlawful purposes;
(4) interfering with any user of the Site;
(5) tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
(6) using the Site to send unsolicited electronic messages;
(7) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(8) facilitating or assisting a third party to do any of the above acts.

3 Accounts, Subscriptions and Orders
(a) We are a subscription service, and by creating an account, you may purchase products and nominate three subscription components:
(1) Core Subscription Box with fresh fruits and vegetables where you can:
(A) select the size of your subscription box; and
(B) exclude up to 4 fruits or vegetables,
(2) Optional Add-Ons such as meats, eggs, perishables and other items. You can nominate a different Delivery Cycle (including a once off purchase) for Add-Ons, and
(3) Delivery Cycle where you can nominate your delivery schedule, including the specific day of the week, the time for delivery and the cadence of delivery (e.g. weekly, fortnightly or monthly) for your Core Subscription Box and Add-Ons separately.
(b) Changes to your subscription: You may modify your subscription contents and delivery preferences through your account at any time before we process your payment for each Delivery Cycle.
(c) Cancellation of subscriptions: You may cancel your subscription at any time by notifying us via the ‘cancel my subscription’ feature in your account. Your cancellation will take effect from the end of the current Delivery Cycle as set out in your account.
(d) All of the products on the Site are subject to availability. Due to market conditions outside our control, sometimes we will need to substitute certain products in your order. We will always aim to substitute products with other similar products.
(e) You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.
(f) You are responsible for keeping your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

4 Price and payments
(a) You agree to pay subscription fees outlined on the Site (Price) in advance based on your Delivery Cycle. Your subscription will automatically renew at the end of each Delivery Cycle unless cancelled or skipped through your account.
(b) It is your responsibility to check the order details, including the selected products, delivery details and pricing.
(c) We may need to change the Price from time to time. If we change the Price, we will provide you with at least 14 days’ notice of the change. After the notice period has lapsed, we will apply the new Price to your existing payment details for all future orders. If you do not agree with the new Price, you may cancel your subscription in accordance with these terms and you will no longer be able to use the Site on and from the date of cancellation. Any orders already paid for prior to cancellation will be fulfilled as normal and are non-refundable.
(d) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
(e) The payment methods we offer are set out on the Site. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
(f) We may from time to time issue promotional discount codes when you sign up for an account on the Site. To redeem the promotional discount code, you must enter the code on sign up.

5 Delivery, title and risk
(a) Delivery Cycles and Location: Your available delivery schedules are determined by your location. You can modify your Delivery Cycle at any time through your account, including the ability to skip individual deliveries or cancel your subscription, provided such changes are made before payment is processed.
(b) We will aim to deliver within your chosen delivery window, however sometimes due to reasons beyond our control, we may not be able to, and we will not be liable for any delay or inability to deliver an order within your delivery window.
(c) We deliver the products using a range of delivery methods. Our delivery partner will leave the products in a safe place unless you give us instructions otherwise.
(d) If you are not available for the delivery, please contact us via email (support@farmerspick.com.au) or contact our support team via your account. We will use reasonable endeavours to assist.
(e) Each time your payment is validated, we will provide order confirmation via text message and email. You will receive delivery tracking notifications including: a text message the day before delivery, on the morning of delivery, just before delivery occurs, and confirmation once delivery is completed (including proof of delivery).
(f) Title to the products will remain with us until you have paid the Price in full for the products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.
(g) Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.

6 First Order Money Back Guarantee
(a) We provide a 100% satisfaction guarantee for your first Core Subscription Box only. We agree to provide a full refund of your first Core Subscription Box if you are not 100% satisfied. You can contact us via email or through your account to request a refund for your first Core Subscription Box. This guarantee does not apply to Add-Ons.
(b) You may have rights under the Australian Consumer Law (see below) in addition to this clause.

7 Australian Consumer Law
(a) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law (Consumer Law Rights). In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
(b) Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.
(c) Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.

8 Limitations
Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law:
(1) neither Party will be liable for Consequential Loss;
(2) each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party, including any failure by that Party to mitigate its losses; and
(3) our aggregate liability for any Liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be the portion of the Price paid by you in the 12 months immediately preceding the act, event or omission giving rise to the Liability (and where there has been less than 12 months of the Price paid, an amount equal to 12 months of the Price calculated on a pro rata basis having regard to the amount of the Price paid and the period of time).

9 Intellectual property
(a) You acknowledge and agree that any intellectual property (including copyright and trademarks) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
(b) We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.
(c) You must not use Our Intellectual Property for commercial purposes, including, for example, to advertise your own business, for re-sale, or for any other revenue generation activity.
(d) You must not, without our prior written consent:
(1) copy, in whole or in part, any of Our Intellectual Property;
(2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
(3) breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
(e) Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
(1) you do not assert that you are the owner of Our Intellectual Property;
(2) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
(3) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
(4) you comply with all other terms of these Terms.

10 Termination
(a) These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
(1) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 business days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
(2) the Defaulting Party is unable to pay its debts as they fall due.
(b) Should we suspect that you are in breach of these Terms, we may suspend your access to your account while we investigate the suspected breach.
(c) Upon expiry or termination of your subscription:
(1) we will remove your access to your account;
(2) where we terminate your subscription as a result of your unrectified default, you also agree to pay us our reasonable additional costs directly arising from such termination, including recovery fees;
(3) where termination is due to our breach of these Terms, we agree to refund you for any prepaid and used part of the Price on a pro-rata basis.
(d) Termination of these Terms will not affect any rights or liabilities that a Party has accrued under these Terms.
(e) This clause will survive the termination or expiry of these Terms.

11 General
(a) Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
(b) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
(c) Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notified the other Party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
(d) Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
(e) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
(f) Governing law: These Terms are governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

12 Definitions
(a) Add-On has the meaning set out in clause 3(a)(2).
(b) Core Subscription Box refers to our core subscription box of fruits and vegetables set out on your account.
(c) Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probable results of the relevant breach, act or omission, and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Price under these Terms will not constitute “Consequential Loss”.
(d) Delivery Cycle has the meaning set out in 3(a)(3).
(e) Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.
(f) Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgement (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
(g) Price has the meaning set out in clause 4(a).

For any questions and notices, please contact us at:
Farmers Pick Pty Ltd (ACN 641 972 965)
Email: support@farmerspick.com.au© LegalVision ILP Pty Ltd