Terms and Conditions
Buyers Terms and Conditions
This Website is operated by FORAGERS Pty Ltd (ACN 617 253 326)
By accessing, viewing and using this Website, you agree to be bound by these terms and conditions.
We reserve the right to change these Terms at any time without any prior notice and you will be taken to have accepted any change by continuing to use this Website.
AUSTRALIAN CONSUMER LAW
If there is a minor problem with your Goods (as defined in the Australian Consumer Law) the Seller may repair the Goods instead of offering you a replacement or a refund. If there is a major problem with the Goods, a refund or a replacement may be available.
Unless we or the Seller are required to do so under the Australian Consumer Law, you will be responsible for the costs of returning the goods to the Seller. Please use a trackable or signed-for delivery service when returning the Goods.
We invite you to notify the Seller of any damaged goods as soon as possible. If you would like to return an item, please contact the Seller directly as foragers market act as an agent only.
All items must be returned within 10 days from the date you receive the Goods and must be shipped by the original purchaser. Further, all items must be returned to the Seller in their original packaging complete with any accessories. If the aforementioned conditions are not met, the Seller reserves the right to deny a return.
BUYING ON OUR SITE
This Website is an online platform to facilitate the sale and purchase of products. On our Website, Sellers can list their goods for sale and you can browse, select, order and purchase goods that are displayed on this Website.
Any order placed through our Website is an offer by you to the Seller to purchase a particular Good or Goods in accordance with these Terms. If the seller accepts your offer, then an agreement is formed between you and the Seller for that particular Good or Goods. We will notify you via email that the Seller has accepted your order. Further, the Sellers reserve the right to accept or reject an order you make using our Website for any reason.
All payments must be made in full prior to delivery of the Goods.
To the extent permitted by law, we will not be held liable and responsible for any damages or consequential loss (whether direct or indirect) suffered by you as a result of any credit card fraud or unauthorized access to a PayPal account.
We will not be held liable or responsible for any additional charges imposed by your credit card provider or bank, especially in the case where your purchase involves foreign exchange transactions.
If your payment is not received in full or is declined by your bank, credit card issuer or Paypal, we will not hold the Goods against your order.
PRICES, GST AND TAXES
All prices on our Website are listed in Australian Dollars and they include GST (where applicable).
By placing an order, you agree to pay the stated price (plus any applicable shipping and handling charges) in Australian Dollars for all orders. You agree to pay any additional charges or taxes incurred (including any customs duties) if applicable to the sale or delivery of the Goods.
The Seller reserves the right to change the prices of their Goods at any time without notice to you.
REPAIRS, REFUNDS, AND REPLACEMENTS
If the Goods are damaged or not of acceptable quality, you may have rights under · Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the Australian Consumer Law); and/or · Other consumer laws applying in each Australian State or Territory;
DELIVERY PROCESS AND TIMES
While all effort is made to ensure that Goods purchased from our Website will be processed by the Seller within 2 – 7 business days of receiving your order, we or the Seller cannot guarantee processing times. The processing times for Made to Order items can be longer than usual. You will be notified of the processing times at checkout and these times will appear on the order receipt.
Our Sellers generally use third party delivery companies to deliver your order. By placing an order for Goods you agree that your details, such as name, contact numbers, delivery address, will be passed to those third parties. When the Sellers fulfill your order, they will provide you with a tracking number so that you can track the delivery of your order and will be treated as confidential.
Further, you agree that notwithstanding anything in these Terms, we or our Sellers are not liable with respect to any loss, damage, cost or expense you or any third party suffers as a result of a change in delivery times or delay in delivery.
If you ask for the Good to be left at a delivery address, we or our Sellers are not responsible for loss, damage or theft of Goods once the Goods are delivered to that address. Some people may also prefer to have their Goods shipped to a business address as an additional precaution.
Further, if you require Goods that you have ordered to be redirected to an address other than your original order address, our Sellers may charge you a reasonable fee for doing this.
Shipping charges for delivery within Australia are automatically calculated during the checkout process.
INFORMATION ON GOODS AND SELLERS
We collate information about the Goods and the Seller from our Sellers directly. As such, we cannot be held liable for any wrong information or misrepresentation in regards to Goods and Sellers.
AVAILABILITY OF GOODS
You acknowledge and agree that from time to time, some Goods on the Website are out of stock or unavailable and our Sellers may not be able to fulfil all or part of your order.
DETAILS YOU PROVIDE US WITH
It is your responsibility to ensure that the information you provide, including your name, delivery address, contact numbers, email address and orders are correct, so please check any details carefully before submitting an order to us. You acknowledge and agree that we will not be responsible for any loss or damage that you may suffer as a result of you providing incorrect information to us including your name, delivery address, contact phone numbers or email addresses.
SUBSCRIPTION AND EMAIL LIST
From time to time, we email our account holders advance notice of sales, new collections, launches, and other news. The email addresses we collect are only used internally for the purposes as stated above. We respect your privacy rights and will not sell or rent your email address to other companies. If you would like to be removed from our email list you can do so by unsubscribing at the bottom of the emails sent to you.
LIMITATION OF LIABILITY
You acknowledge and agree that, to the extent permissible at law, this Website and all content appearing on it are provided on an “as is” and “as available” basis, without warranties of any kind.
To the maximum extent permissible by the law, we are not liable and responsible for any loss or damage, whether direct or indirect and however caused (including through negligence) that you may suffer in connection with your use of this Website or any linked website and take no responsibility for any loss arising out of your use of or reliance on information contained on or accessed through this Website.
These Terms are governed by the laws of the State of New South Wales, Australia.
EVENTS WHICH ARE OUT OF OUR CONTROL
We shall not be held liable and responsible for any delay in performance of our obligations under these Terms if the delay is caused by circumstances beyond our reasonable control.
If we do not take action against you with respect to any breach by you of these Terms, this does not mean that we have waived our rights to take action with respect to subsequent or similar breaches. Furthermore, if any part of these Terms is found to be void, unlawful or unenforceable for any reason, that part will be deemed severed from the remainder of these Terms and will not affect the validity of the remaining clauses.
Last updated April 21 June 2020