Terms & Conditions
WEBSITE SHOP TERMS AND CONDITIONS
HWY FRUITS SHOP TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING PRODUCTS
https://www.hwyfruits.com.au is a Website operated by Hwy Fruits Pty Ltd as trustee of the HWY Fruits Trust ABN 68 648 200 930 ("Hwy Fruits ", "we", "us", "our"). Hwy Fruits in Australia has its principle place of business at Registered Officer Care of Strategic Accounting Advisers, Level 2, 116-118 Christie Street, St Leonards NSW 2065.
This page (together with the documents referred to on it) tells you the terms and conditions on which Hwy Fruits Service listed on our website https://www.hwyfruits.com.au is provided to you. Please read these terms of sale carefully before ordering the Service. By ordering our Service, you agree to be bound by these terms of sale.
You may wish to keep a copy of these terms for future reference.
You must be over 18 years old to order any Service from Hwy Fruits this online shop.Please accept these terms of sale at the end of the checkout page. Please
understand that if you refuse to accept these terms of sale, you will not be able to order any Servicefrom Hwy Fruits Shop.
If you have any questions regarding these terms of sale (including any technical questions) please click here.
HWY FRUITS SERVICE TERMS AND CONDITIONS
Last Updated: 1 August 2018
- TERMS USED IN THIS AGREEMENT
In this agreement the following terms shall mean:
- "Contract" means the binding legal agreement between Hwy Fruits and you formed in accordance with there terms and conditions.
- "Delivery Area" means the areas that Hwy Fruits delivers fruit from time to time as appears on the Hwy Fruits Shop at the time of you placing an order.
- "Delivery Hours" means the hours of 07:00am to 05:30pm Monday to Saturday excluding public holidays.
- "Hwy Fruits", "we"or "us"Hwy Fruits Pty Ltd as trustee of the HWY Fruits Trust ABN 68 648 200 930, Registered Officer Care of Strategic Accounting Advisers, Level 2, 116-118 Christie Street, St Leonards NSW 2065, its employees, subcontractors and/or other companies which are appointed by Hwy Fruits to provide services in relation to Hwy Fruits Shop operated by Hwy Fruits; and
- "Hwy Fruits Shop"includes the website https://www.hwyfruits.com.au, and the Service offered for sale.
- "Force Majeure Event"includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- lack or shortage of supply of Products and or Goods;
- impossibility of the use of public or private telecommunications networks; and/or
- the acts, decrees, legislation, regulations or restrictions of any government.
- "Service" and means the sale of delivered fruit from our premises to your selected location with the Delivery Area for the price appearing on the website at the time of ordering the fruit;
USE OF HWY FRUITS SERVICE
- Hwy Fruits Shop is only intended for use by customers resident in the Delivery Area.
By ordering Products from Hwy Fruits Shop, you, acknowledge and agree that:
- You are legally capable of entering into binding contracts;
- You are at least 18 years old;
- You are authorised by your parent or guardian to have place; or
- You are requesting the fruit to be delivered to an address in the Delivery Area; and
- You nominated delivery time is within the Delivery Hours.
- To order Hwy Fruits products from Hwy Fruits Service you must follow the instructions you see on the page/screen. If you order any products your contract with us will be governed by our Terms and Conditions of Sale which can be found here.
- You may not use Hwy Fruits Service or the Hwy Fruits Shop:
2.4.1 for commercial purposes,
2.4.2 for resale purposes including the systematic extraction and/or re-utilisation of any part or the contents of Hwy Fruits Service (e.g. item listings, descriptions, prices);
2.4.3 to download (other than page caching) or modify Hwy Fruits Service, or any portion of it; or
2.4.4 for any purpose which is unlawful.
- To use Hwy Fruits Shop services you need to register and log in to the Shop using an account which can be created here: Sign Up.
- Please log into Hwy Fruits Shop and browse the Shop. To order an item simply click the shopping cart icon to add the Product to your shopping basket. Once you have finished shopping, please click on the shopping trolley icon in the top left hand corner of the screen. Please click on the button marked "Checkout Now" and follow the instructions on screen to complete your order.
- Access to Hwy FruitsService is permitted on a temporary basis. Hwy Fruits has the right to withdraw or amend the Service provided by Hwy Fruits Service without notice (see below).
- Hwy Fruits may restrict access to some or all parts of Hwy Fruits Service either permanently or temporarily.
- You are responsible for making all arrangements necessary for you to have access to Hwy Fruits Service. You are also responsible for ensuring that all persons who access Hwy Fruits Service through your internet connection are aware of these terms, and that they comply with them.
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 This contract will be concluded with Hwy Fruits.
3.2 After placing an order, you will receive an order submission confirmation from us acknowledging that we have received your order (“Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy fruit from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending either (a) the download link and key or (b) the physical product to you. The Contract between Hwy Fruits and you will only be formed when you receive the fruit delivered to you location within the Delivery Area.
3.3 The Contract will relate only to those Products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other fruit which may have been part of your order until the dispatch of such fruit has been confirmed in a separate Order Confirmation.
- AVAILABILITY AND DELIVERY
4.1 Although we endeavour to ensure the availability of the fruit shown in Hwy Fruits Shop, we cannot guarantee that all of the fruit will be in stock when you place your order. If we are unable to process or execute your order, we shall contact you:
4.1.1 to offer you an equivalent fruit in terms of quality and price which you may decide to accept or reject; or
4.1.2 notify you that we are unable to fulfil the order.
If you reject our offer of an alternative fruit or we are unable to fulfil the order we shall have no further liability to you unless we have already taken payment for the fruit, in which case we shall refund payments already taken from you for the relevant fruit.
4.2 Your order will be fulfilled by the delivery date set out in the Order Confirmation, unless there are exceptional circumstances within the two hour time frame nominated by your during our Delivery Hours. If it is not possible to deliver the fruit within the delivery period indicated, we shall refund you the paid purchase price on request.
4.3 The fruit sold by Hwy Fruits Shop will be delivered to you by us directly to your nominated location in the Delivery Area.
4.4 Our service is provided by refrigerated motor vehicles.
- PRICE AND PAYMENT
5.1 The price of fruit will be as quoted in the Hwy Fruits Shop from time to time, except in cases of obvious error.
5.2 These prices include GST.
5.3 All orders $54.99 or greater entitle delivery at no additional cost.
5.4 All orders under $54.99 will be subject to delivery costs, which will be added to the total amount due as set out in our confirmation of order.
5.5 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
5.6 Hwy Fruits Shop contains a large number of products and it is always possible that, despite our best efforts, some of the fruit listed in Hwy Fruits Shop may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a fruit´s correct price is higher than the price stated in Hwy Fruits Shop, we will normally, at our discretion, either contact you for instructions before dispatching the fruit, or reject your order and notify you of such rejection.
5.7 We are under no obligation to provide fruit to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
5.8 Payment for all Products must be made by credit card, debit card or Paypal at the time of placing an order. We accept payment with those credit and debit cards that appear on Hwy Fruits Shop. We are under no obligation to deliver fruit until we have received payment from you.
- CONSUMER RIGHTS
- Except where required by law, we do not provide you with the right to cancel orders or return goods, simply because you have changed your mind.
- If the fruit is defective, you must inform us in writing by giving notice to email@example.com .
HWY Fruits do not provide refunds or exchanges for goods purchased on the side of the road. It is the customers responsibility to view the fruit before purchasing. HWY fruits is happy to be notified of any feedback via email but are not responsible for the choice the customer has made.
Any fruit purchased online that may be defective must be sent in an email to HWY fruits with picture proof attached. HWY fruits will examine the proof and notify if the customer is entitled to a refund, exchange or apology. Note that a refund or exchange is not guaranteed.
If a refund is agreed upon, HWY fruits will either credit your online account or ask you to provide account details to refund the purchase.
Any complaints must be sent within 7 days of purchase to qualify for an exchange or refund. (side of the road purchases excluded)
If an exchange is agreed upon, HWY fruits will do their best to replace the exact product that was defective however if it is not in stock it will be replaced with fruit at the same value.
- RISK AND TITLE
7.1 The fruit will be at your risk from the time of delivery.
HWY FRUITS’ LIABILITY
- In accordance with your statutory rights Hwy Fruits makes the following statements and agree that they are true to you that any product purchased from Hwy Fruits hop is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied and that the product corresponds with its description.
- Hwy Fruits will only be liable for losses which are foreseeable to both you and to Hwy Fruits as a consequence of us breaching these terms of sale and caused by our own negligence. We will not be responsible for any commercial or business losses (including without limit loss of goodwill, profits, contracts, anticipated savings, data, or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable to both you and us at the time our contract was formed, or at the time you began using Hwy Fruits Shop.
This does not include or limit in any way our liability:
- for death or personal injury caused by our negligence; or
- the statutory guarantees in the Australian Consumer Law, Schedule 2 to the Competition and Consumer Act 2010 (Cth).
- Nothing in these terms of sale shall affect your statutory rights.
- Hwy Fruits will not be liable to you if for any reason Hwy Fruits Shop is temporarily unavailable at any time or for any period.
FORCE MAJEURE EVENTS (EVENTS OUTSIDE HWY FRUITS CONTROL)
- Hwy Fruits will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control that is a Force Majeure Event.
- Hwy Fruits performance under any contract 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 the Contract may be performed despite the Force Majeure Event.
- If Hwy Fruits fails, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms of sale, or fails to exercise any of the rights or remedies to which Hwy Fruits are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- A waiver by Hwy Fruits of any default shall not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms of sale shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing at your address appearing in your account.
- If any of these terms of sale or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- These terms of sale and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms of sale.
- Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms of sale, except as otherwise provided by law.
OUR RIGHT TO VARY THESE CONDITIONS OF SALE
- We have the right to revise and amend these terms of sale from time to time.
- You will be subject to the policies and terms of sale in force at the time that you order products from us, unless any change to those policies or these terms of sale is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms of sale before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms of sale, unless you notify us to the contrary within seven working days of receipt by you of the Products).
LAW AND JURISDICTION
- Contracts for the purchase of Products placed through Hwy Fruits Shop will be governed by laws in New South Wales. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.
Last Updated: 1 August 2018
Your use of the online services ( https://www.hwyfruits.com.au) provided by Hwy Fruits Pty Ltd as trustee of the HWY Fruits Trust ABN 64 648 200 930 (“Hwy Fruits”, “us” or “we”) via this website is subject to the conditions set out here. Your use of the Website is deemed acceptance of these terms. If you do not agree to these terms, please exit the Website now and delete all records on your system:
- Supply and Grant of Licence
- access and use data made available on the Website in the territory in which your organisation has been licensed to use the Website (if unsure, please check before commencing use);
- download and temporarily store insubstantial portions of such data to a storage device under the exclusive control of the organisation that has subscribed to this Website and with whom you are registered as a user;
- internally display such downloaded data; and
- reproduce such data subject to the further limitations set out in these conditions.
1.2 Where you have purchased access to data on a transactional basis, that data will be made available to you on a single subscriber basis only for a period of 24 hours. You may not distribute that data to other users or third parties unless you have obtained an express licence from us for that purpose.
- Personal Use
- Place of Business of Hwy Fruits
- Intellectual Property Rights
4.1 All intellectual property rights in the software and the publications available on the Website are and remain the exclusive property of ourselves or third party suppliers as the case may be. When using the publications and the Website, you must comply with the law including, without limitation, copyright laws.
4.2 Unless permitted by law or as otherwise expressly permitted in these terms, you must not, nor must you authorise any third person to:
- reproduce, copy, download, scrape, store, publish, transmit, transfer, communicate, distribute, disseminate, sell, rent, lend or otherwise use the publications or the Website, or any part of the publications or Website, in any form or by any means;
- modify or make any alterations, additions or amendments to any part of the publications downloaded from the Website;
- make the Website available to any person other than an authorised user;
- convert material downloaded from the Website into an electronic format other than the one in which it was supplied;
- reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Website or reproduce all or any portion of the said components;
- remove, alter, circumvent or tamper with any trade marks, copyright notices, copyright protection devices, disclaimers or other legal notices;
- combine the whole or any part of the data available on the Website with any other software, data or material; or
- store or use any part of such data in an archival database or another searchable database except as forming part of any work product.
- Hypertext Links and Blogs
5.1 The Website may contain material submitted by third parties, hypertext reference links or other pointers to internet websites operated by third parties and the capacity to conduct federated searches of third party websites. This function or material is provided for your convenience only.
5.2 We do not accept responsibility for the contents of any linked website, any hypertext reference link contained in a linked website or any material submitted by third parties. The opinions expressed on any blog are those of the individual users, authors or contributors and are not necessarily shared by us.
5.3 The inclusion of any hypertext reference link or publication of any material submitted to a blog does not imply any sponsorship, endorsement or approval of that material by us.
5.4 Subject to the Conditions, we make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any such material or function.
5.6 Where we have provided you with the means to post any material on a blog, it is a condition of use of that Website that you accept full responsibility for the content you submit. In doing so, you warrant that the material you post is not obscene, indecent, objectionable or libellous nor does it infringe any third party intellectual property rights. You also warrant that our publication of that content will not expose us to civil or criminal proceedings.
5.7 We reserve the right to remove any material from the Website that violates these terms and conditions or which we (in our sole discretion) consider to be in any other way objectionable.
- Indemnity and Release
- No right to use Logos or Trade Marks
7.1 All names, logos and marks appearing in this Website, except as otherwise noted, are trade marks owned or used under license by Hwy Fruits, or its affiliates in the geographies where Hwy Fruits markets products or provides services as the case maybe bearing such trade marks. The use or misuse of these trade marks or any other content on this site, except as provided in these terms and conditions or in the Website content, is strictly prohibited.
Last Updated: 1 August 2018