Shoppers Hub Pty Ltd t/a Harvest Hub

ABN 25 125 257 089

Web Site Terms and Conditions

These terms and conditions apply to the use of this web site, including the purchase of goods over this web site. In using this web site for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the web site. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this web site.

Terminology

In these terms and conditions, the expressions: "we", "us", "our" and "Harvest Hub" are references to Shoppers Hub [ABN 25 125 257 089];

"Hub"
means a group of members who collect their Order from the same Hub Address
"Hubster"
means the person responsible for packing the Orders and from whose Hub Address the Order can be collected
"Hub Address"
means the address on the Order from which the goods are to be collected
"Delivery Address"
means the address on the Order to which the goods are to be delivered
"Delivery Area"
means the areas of Sydney within which we are willing to deliver goods ordered as described on this web site
"Order"
means an order to purchase goods from Harvest Hub submitted by you
"Product List"
means the list of goods, as amended from time to time, displayed on the Harvest Hub web site

Amendments to Terms and Conditions

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this web site. Your continued use of the web site following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

Customer Registration

You must complete an online customer registration form, join a Hub or select Home Delivery, receive our confirmation and complete your Member Profile before placing your first Order for goods from us. You warrant that all information and data provided by you in the customer application is accurate, complete, and you undertake to keep it up to date at all times.

Should we accept your application we will issue you with a user name and password which you agree to keep confidential. Should your username and password be used by an unauthorised person then you accept that you are liable and you agree to release and indemnify us in relation to any liability arising out of the unauthorised use of your user name and/or password.

Ordering

You may purchase goods described in the Product List subject to these terms and conditions by submitting an Order as set out in this web site.

Your Profile must contain your name, Hub Address or Delivery Address, email address, credit/debit card details and any other ordering information specified on this web site.

You will enter an Order in the manner described on the web site by selecting Goods of not less than the minimum order value prescribed on the web site and pressing the "Submit Order" button. Orders will be deemed to have been received at the time of successful transmission of the Order by you to us.

Non-availability of goods

We give no undertaking as to the availability of products advertised on this web site. Where an item is out of stock you will not be charged for that item and we will have no liability to you for failure to deliver that item.

Pricing

Prices in the Product List are inclusive of goods and services tax. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods.

The price of the Goods as shown on the Product List is the price applicable at the time you view it. Items in your order are charged at the price applicable at the time that your order is submitted.

We give no undertaking as to the availability of products advertised on this web site. Where an item is out of stock you will not be charged for that item and we will have no liability to you for failure to deliver that item.

Cancellation

You may amend or cancel an order before the Cut-off Date/Time as published on our website.

If you cancel an Order after the Cut-off Date/Time and you are unable to collect your Order, your debit or credit card will be debited in full, but we will credit your Account by one-third of the Order Value within 2 Business Days. We will then deliver your order to a charity or local community group for distribution to families in need, or to a charity that cooks free meals for homeless people.

Collection

Your order can be collected from your Hub Address during the nominated collection day/time. If you are unable to collect your Order at this time, you will endeavour to find someone else to collect your Order. If that is not possible, you agree to contact the Hubster to arrange for collection within 24 hours of the original collection time. If you fail to contact the Hubster within 3 hours of the original collection time, we will retain the right to donate the Order to a charity or local family-in-need as nominated from time to time by the Hub members.

Payment

After the Order Cut-off time but before the Collection or Delivery, we will charge your nominated credit/debit card for the full Order Value. If you cancel your order after the Cut-off time, we will charge your credit/debit card for the full amount, and apply a credit for one-third of the cancelled Order Value to your next Order.

Should you decide not to place another order then a refund will be provided within 7 days of you making such a request. If you do not make a request for a refund within 12 months of the grant of the credit, we may apply the amount of the credit against our administrative expenses of maintaining your account.

Only the rightful owner of the credit/debit card being used for payment may purchase goods. By offering payment by provision of a credit/debit card number you warrant that you are an authorised user of the credit card. If a credit/debit card payment is subsequently dishonoured for any reason you will remain liable for the payment of the price of the goods.

The goods are offered for sale only to persons who can make legally binding contracts.

Risk & title in the goods

Title in the goods does not pass to you until payment has been received, or the goods have been delivered, whichever is the last to occur.

Risk of theft or other loss or damage to the goods passes to you upon collection from the Hub.

If the products purchased are recalled by the manufacturer for whatever reason then, provided the product is returned with its original packaging, a credit will be applied to your next order. Should you decide not to place another order then a refund will be provided within 7 days of you making such a request.

Should you not be satisfied with the quality of the goods supplied then you should call or write to us within 24 hours of collecting or receiving your order so that we can assess your grounds for dissatisfaction. If we agree that the goods are unsatisfactory then credit will be applied to your next order. Should you decide not to place another order then a refund will be provided within 7 days of you making such a request.

If one or more products are missing from your order and you have not been given a credit of the product(s), you must notify us within 24 hours of collecting or receiving the order. If we agree that the product(s) is/are missing and you have been charged, we will apply a credit to your next order.

No warranty about product specifications

Harvest Hub aims to include in the Product List up-to-date pictures and descriptions of the goods. At times, the picture and/or descriptions of the goods on the Product List, may differ from the goods actually supplied to you. Harvest Hub does not warrant the accuracy of the information contained in the Product List.

Harvest Hub bags

We supply you with a Harvest Hub Insulation Bag for your first order in which the Hubster will pack your order. You will endeavour to return the Insulation Bag to the Hub Address prior to the next order. If you fail to return the Bag in time, the Hubster will pack your order in a plastic crate which is not effective in keeping your Order cool and fresh. When you collect your Order, you must leave the crate at the Hub Address and transfer the goods to your Bag.

Disclaimer

We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your purchase of goods or other use of this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this web site.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.

Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms and conditions, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to an order placed on this web site or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.

Exception to disclaimer

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Specific warnings

You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you.

You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this web site or any linked web site.

Copyright information and privacy policy

Our privacy policy and copyright information are outlined in detail separately.

Termination of access

Access to this web site may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

Governing Law

These terms and conditions are governed by the laws in force in New South Wales. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

General

We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.

If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.