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Terms and conditions of use

About the Website

  1. Welcome to www.farmerspick.com.au (Website). The Website provides you with an opportunity to browse and purchase product that have listed and are available for purchase through the Website (Products). The Website provides this service by way granting you access to content on the Website, and using the Website to place orders for products (the ‘Purchase Services ‘).

  2. The Website is operated by Farmers Pick Pty Ltd (ABN 72 641 972 965 Farmers Pick). Access to and use of the Website, or any of its associated Products or Services, is provided by Farmers Pick Pty Ltd. Please read these terms and conditions (the Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by these (Terms) and conditions. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

  3. Farmers Pick reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Farmers Pick updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

Acceptance of the Terms

  1. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Farmers Pick in the user interface.

Service Availability

  1. The site is only intended for use by people residing in nominated areas of Melbourne Australia (Service Areas) current Service Areas are specified in xxx. We do not accept orders from individuals outside those Service Areas. All orders must be placed online with a valid address and credit card. We do not accept order by phone.

Acceptance or Rejection of an order​

  1. We reserve the right to accept or reject an order for any reason, including if the requested Product is not available or if there is an error in the price or the Product description posted on the site or in an order. 

  2. If we reject an order, we will endeavour to notify you of that rejection at the time you place an order or within 7 days after you submit an order

  3. If we refuse an order on or prior to delivery but after our weekly order cut-off, a full refund, less any applicable or relevant discounts, will be made within 10 business days.

Subscription Services

  1. When you place an order for a subscription Product you enter into an agreement to receive the Product on an ongoing basis. You will be charged for your initial order on completing the initial transaction on the Website. Following recurring orders will be charged following the order cut-off, without further authorization from you, unless you have cancelled or otherwise modified your subscription as outlined in these Terms.

  2. By subscribing to the Services, you are agreeing to receive our Product on a recurring basis for an indefinite period until cancelled by you or us as set out in these Terms. The subscription amount and billing interval are set out on the checkout page, confirmation correspondence, and the customer subscription management area of the Website.

  3. You can cancel, pause, and otherwise amend your subscription at any time without the need to receive further Products from us provided that your adjustment request is received prior to the order cutoff time. No cancellation fees will be charged. You can re-subscribe at anytime following your cancellation, but we reserve the right to refuse re-subscription.

  4. There is no minimum term.

Change of details

  1. Changes to address details and/or delivery instructions must be communicated via email to support@farmerspick.com.au and by the cutoff outlined in these Terms. 

  2. We are not liable for any charges you incur as a result of out of date payment information. If we incur expense due to incorrect payment information provided by you, we reserve the right to seek reimbursement from you for that expense.

Registration to use the Purchase Services

  1. In order to access the Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

    1. email address;

    2. preferred username;

    3. mailing address;

    4. telephone number; and

    5. password.

  2. You warrant that any information you give to Farmers Pick in the course of completing the registration process will always be accurate, correct and up to date.

  3. Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services.

  4. You may not use the Purchase Services and may not accept the Terms if you are not of legal age to form a binding contract with Farmers Pick.

Your obligations as a Member

  1. As a Member, you agree to comply with the following and will use the Services only for purposes that are permitted by:

    1. the Terms;

    2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

    3. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

    4. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Farmers Pick of any unauthorised use of your password or email address or any breach of security of which you have become aware;

    5. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Farmers Pick providing the Services;

    6. you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

    7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Farmers Pick for any illegal or unauthorised use of the Website; and

    8. you acknowledge and agree that any automated use of the Website or its Services is prohibited.

Purchase of Products and Returns Policy

  1. In using the Services to purchase a Product through the Website, you will agree to the purchase price listed on the Website for the Product (the Purchase Price).

  2. Payment of the Purchase Price may be made through Stripe (the Payment Gateway Provider). In using the Services, you warrant that you have familiarised yourself with, and agree to be bound by, the Terms, including but not limited to its Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

  3. Following payment of the Purchase Price being confirmed by Farmers Pick, you will be issued with a receipt to confirm that the payment has been received and Farmers Pick may record your purchase details for future use.

  4. Farmers Pick, at their sole discretion, provide a refund on the return of the Products within two days of delivery where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund application.

Warranty

  1. Farmers Pick’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the Warranty).

  2. You may make a claim under this clause (the Warranty Claim) for material defects in the Products within 3 months from the date of purchase (the Warranty Period).

  3. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Farmers Pick verifying the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Farmers Pick at the email address; support@farmerspick.com.au or to level 2, suite 7, 66 Victor Crescent, Narre Warren, Vic 3805.

  4. Where the Warranty Claim is accepted then Farmers Pick will, at its sole discretion, either replace any defective Products or with a new equivalent during the Warranty Period at no charge to you. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

  5. The Warranty is the sole and exclusive warranty granted by Farmers Pick and replacement of the product shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.

  6. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

  7. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set out below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to inadequate or inappropriate storage, misuse, abnormal service or handling.

Delivery

  1. You acknowledge that the Services offered by Farmers Pick integrate delivery (Delivery) through the use of third party delivery companies (the Delivery Service Providers).

  2. In providing the Services, Farmers Pick may provide you with a variety of delivery and insurance options offered as part of the Delivery by the Delivery Service Providers. You acknowledge and agree that Farmers Pick Pty Ltd is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

  3. During the ordering process, you must select a date/delivery window for us to deliver the order to you. You agree to provide us with complete and accurate information in order for us to fulfill an order.

  4. We aim to deliver during the window that you select. However, if an event occurs that is beyond our control, then we may not be able to do so and will not be liable to you or any other person for any such delay. In this instance, we will endeavour to provide you with notice of the delay as soon as reasonably possible. 

  5. Our delivery partner may require the person accepting the delivery of the Products to provide us with proof of that person’s identity (including photographic identification) and, where relevant, age.

  6. If you will not be at home at the expected delivery time, we recommend you nominate a cool safe place for delivery of the Products. If you do not provide a specific place for delivery, our delivery partner will leave the Products at your front door or gate. If you advise us of any specific delivery instructions in an Order, our delivery partner will endeavor to comply with these instructions to the extent reasonably within their control.

  7. You will be responsible for an order from the time we deliver the Products in accordance with your instructions. We accept no liability or responsibility for any Product once the Product has been delivered to you.

  8. In the event that an item is lost or damaged in the course of the Delivery Services, Farmers Pick asks that you:

      1. contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and

      2. contact us by sending an email to support@farmerspick.com.au outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Services.

Copyright and Intellectual Property

  1. The Website, the Services and all of the related Products of Farmers Pick are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Website (including text, graphics, logos, button icons, video images, audio clips and software) (the Content) are owned or controlled for these purposes, and are reserved by Farmers Pick or its contributors.

  2. Farmers Pick retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

    1. the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Farmers Pick; or

    2. the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

    3. a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

  3. You may not, without the prior written permission of Farmers Pick and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

Privacy

  1. Farmers Pick takes your privacy seriously and any information provided through your use of the Application and/or the Services are subject to Farmers Pick’s Privacy Policy, which is available on the Application.

General Disclaimer

  1. You acknowledge that Farmers Pick does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided from these Terms.

  2. Farmers Pick will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

  3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

  4. Subject to this clause, and to the extent permitted by law:

    1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

    2. Farmers Pick will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including but not limited to a result of not being able to use the Services or the late supply of the Services and or Products), whether at common law, under contract, tort (including negligence), in equity, under statute or otherwise.

  5. Use of the Website, the Services, and any of the Products of Farmers Pick (including the Delivery), is at your own risk. Everything on the Website, the Services, and the Products, are provided to you on an as is and as available basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Farmers Pick (including any third party where the Services are made available to you) make any express or implied representation or warranty about its Content or any Products or Services (including the Products or Services) referred to on the Website. This includes (but is not limited to) loss or damage you might suffer as a result of any of the following:

    1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

    2. the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

    3. costs incurred as a result of you using the Website, the Services or any of the Products;

    4. the Content or operation in respect to links which are provided for the User’s convenience;

    5. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

    6. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

Limitation of Liability

  1. Farmers Pick total liability arising out of or in connection with the Services, the Products or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Farmers Pick is the resupply of Services to you.

  2. Farmers Pick is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Services, whether posted or caused by users of the Website of Farmers Pick, by third parties or by any of the Services offered.

Termination

  1. The Terms will continue to apply until terminated by either you or by Farmers Pick as set out below.

  2. If you want to terminate the subscription or other services, you may do so by:

    1. notifying Farmers Pick at any time; and

    2. closing your accounts for all of the Services which you use, where Farmers Pick has made this option available to you.

Your notice should be sent, in writing, to Farmers Pick at support@farmerspick.com.au link on our homepage.

  1. Farmers Pick may at any time, terminate the subscription or other services with you if:

    1. you have breached any provision of the Terms or intend to breach any provision;

    2. Farmers Pick is required to do so by law;

    3. the partner with whom Farmers Pick offered the Services to you has terminated its relationship with Farmers Pick or ceased to offer the Services to you;

    4. Farmers Pick Pty Ltd is transitioning to no longer providing the Services to Members in the Service Area in which you are resident or from which you use the service; or

    5. the provision of the Services to you by Farmers Pick is, in the opinion of Farmers Pick, no longer commercially viable.

  2. Subject to local applicable laws, Farmers Pick reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Farmers Pick name or reputation or violates the rights of those of another party.

  3. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Farmers Pick have benefited from, been subject to (or which have accrued over time) or which are expressed to continue indefinitely, shall be unaffected by this termination, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely which arose prior termination.

Indemnity

  1. You agree to indemnify Farmers Pick, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

    1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

    2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

    3. any breach of the Terms.

Dispute Resolution

  1. If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

  2. A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute.

  3. On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

    1. within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means on which they may mutually agree;

    2. if for any reason whatsoever, 7 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;

    3. the Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre- condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; and

    4. the mediation will be held in Melbourne, Australia.

  4. All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as without prejudice negotiations for the purpose of applicable laws of evidence.

  5. If two weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Venue and Jurisdiction

  1. The Services offered by Farmers Pick is intended to be used by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

Force Majeure Events

  1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our control (Force Majeure Event).

  2. Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular without limitation the following:

    1. strikes, lock-outs or other industrial action;

    2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

    3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

    4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

    5. impossibility of the use of public or private telecommunications networks;

    6. epidemic, pandemic or other health emergency (whether declared or not); and

    7. the acts, decrees, legislation, regulations or restrictions of any government.

  3. Our performance under these Terms 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 these Terms may be performed despite the Force Majeure Event.

Governing Law

  1. The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

  2. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.