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Customer Agreement

ORGRAN Natural Foods – Online Customer Agreement

This Agreement is a contract between you and Buontempo Enterprises Pty Ltd trading as ROMA FOOD PRODUCTS (“ORGRAN”). It sets out the conditions under which you may purchase goods online from ORGRAN. By completing the customer application process and using ORGRAN, you are bound by this Agreement.

  1. Interpretation
  2. The Agreement
  3. Customer Application
  4. Orders and Delivery of Goods
  5. Risk and Title in the Goods
  6. Returns, Credits and Refunds
  7. Price of Goods and Payment
  8. Set-off
  9. Out of Stocks and Substitution
  10. Packaging and Labelling of Goods
  11. Customer Award Programmes
  12. Intellectual Property Rights
  13. Liability
  14. Username and Password
  15. Notification of Changes
  16. Privacy and Security
  17. Termination
  18. Notices
  19. Severability
  20. Laws

1. INTERPRETATION

In these Conditions:

Agreement is an agreement between you and ORGRAN to supply goods, and consists of the order and these conditions;

Conditions are these conditions, and any agreed written variations;

Delivery Address is the address to which the Goods are to be delivered as stated on the Order;

Delivery Fee is the fee payable to ORGRAN in respect of delivery of the goods and handling costs associated with processing your order, as advised by ORGRAN from time to time. This may also be called postage and/or handling.

Goods are goods described in an order, and includes packaging;

Intellectual Property Rights includes all rights in respect of copyright, trademarks, patents, designs, protection of confidential information and circuit layouts, whether arising under statute or otherwise;

Order is an order by you to purchase Goods from the Product Range List in either of the following forms:

  1. Physical Goods, such as our food products and hard-copy materials; and
  2. Electronic Goods (including but not limited to electronic versions of magazine subscriptions, subscriptions or newsletters).

Product Range is the list of goods displayed on the ORGRAN web site, as amended from time to time; and

2. THE AGREEMENT

An agreement exists between you and ORGRAN once ORGRAN accepts an Order or ORGRAN receives the Order and does not reject it. Each Order is a separate Agreement.

3. CUSTOMER APPLICATION

Application to be completed: You must complete a customer application or fill out any details ORGRAN requires before placing an Order with ORGRAN. You warrant that all information and data provided by you in the customer application is accurate, complete and up to date. You must promptly inform ORGRAN if there is a change to this information or data.

Set up costs: You are responsible for any costs associated with accessing the ORGRAN web site and placing an Order with ORGRAN, including any Internet provider fees.

Delivery area: In order to purchase Goods from ORGRAN, the Delivery Address which you nominate must be within a suburb where ORGRAN provides delivery. Please ensure that your delivery address and suburb are correct, as Orders for delivery to addresses in suburbs that are not in the ORGRAN delivery area will not be processed. ORGRAN will advise you if the Delivery Address which you nominate ceases to be in an area where ORGRAN delivers Goods. ORGRAN will not be obliged to continue to deliver Goods to you if you change your Delivery Address and the new Delivery Address which you nominate is not in an area within which ORGRAN delivers Goods. DELIVERIES OF PHYSICAL GOODS ARE FOR WITHIN AUSTRALIA ONLY. ORDERS OUTSIDE AUSTRALIA ARE NOT VALID FROM THIS WEBSITE.

4. ORDERS AND DELIVERY OF GOODS

Orders: You must place an Order with ORGRAN by selecting Goods and pressing the "Submit Order" button. Orders are deemed to be received by ORGRAN at the time of successful transmission of the Order.

Delivery: ORGRAN will deliver the Goods to you at the Delivery Address within the time agreed with you. ORGRAN will not commit to delivery beyond the Front Door of your home or office building. ‘Front Door’ means the front door or a point beyond which entry into the interior of the building occurs. If you request ORGRAN to deliver the Goods beyond your Front Door, you agree to continually indemnify and hold harmless ORGRAN (including its officers, employees, contractors and agents) from any Loss suffered or incurred by ORGRAN in connection with the delivery of the Goods beyond your Front Door. 'Loss' means any loss including any liability, cost, expense, claim, proceeding, action, demand or damage.

Authorised receipt of Goods: Anyone at the Delivery Address who receives the Goods shall be presumed by ORGRAN to be authorised to receive the Goods.

Delivery Fee: If required by ORGRAN, you must pay to ORGRAN the Delivery Fee (or such other fee as may be specified by ORGRAN) in respect of each Order.

Additional delivery fee: If there is no one at the Delivery Address or no one of appropriate age to receive, sign and pay for the Order when the Order is delivered, the Order will not be left at the Delivery Address. We will endeavour to contact you and may charge an additional delivery fee. A cancellation fee may also apply.

5. RISK AND TITLE IN THE GOODS

Risk and title in the Goods passes to you upon delivery and payment of the Goods to the Delivery Address.

6. RETURNS AND REFUNDS

Making a claim: If you wish to make a claim for a replacement product, refund or credit because:

  1. you believe that an item, which was ordered by you and which was in stock, has not been delivered; or
  2. you are not satisfied with the quality of the Goods you have purchased,

you must call ORGRAN on (03) 9776 9044 within 24 hours from the end of the period during which the Goods were scheduled for delivery. An ORGRAN representative will assess your claim for a replacement product, credit or refund of the purchase price. ORGRAN reserves the right to inspect the Goods before making the assessment. ORGRAN will not pick up any Goods that you do not accept and which you have not returned with the driver.

7. PRICE OF GOODS AND PAYMENT

Purchase price: The purchase price of the Goods as shown on the Product List is the purchase price which is applicable at the time you view it.

Delivery Fee: You must pay the Delivery Fee in respect of each Order.

Additional Fees: If charged by ORGRAN in accordance with clause 4, you must pay any late cancellation fee or additional delivery fee.

Total price of Goods: Goods in your Order are charged at the purchase price applicable at the time you submit your Order and as shown on the Order confirmation, except:

  1. if a Good is out of stock, in which case you will not be charged for that Good;
  2. if you have given instruction that you will accept a substitute Good, in which case the substitute good will be charged at the applicable purchase price at the time the substitute Good is processed and scanned for your Order; and
  3. if you have ordered a Good that is priced per kilo, in which case the actual purchase price for the Good is calculated by ORGRAN after the Good has been weighed and the purchase price charged will be the lower of the purchase price per kilo applicable at the time you placed your Order and the purchase price per kilo applicable at the time your Order is processed.

Tax invoice: Upon delivery of the Goods, ORGRAN will provide you with a tax invoice specifying the total price for the charged Goods and the Delivery Fee.

Method of payment: At the time you place the Order, you will be required to complete payment by online payment by credit card or using the PayPal service.

Online Payment by Credit Card or using the PayPal service: You must pay for the Goods at the time you place the Order by providing your credit card details on the ORGRAN website and ORGRAN will process your payment using your credit card (Mastercard or Visa). ORGRAN may also allow the PayPal service to process your credit card details.

The PayPal service is provided by PayPal Australia Pty Limited (ABN 93 111 195 389) which holds an Australian Financial Services Licence, number 304962. You should consider the Product Disclosure Statement and Financial Services Guide before deciding to use the PayPal online payment service at www.PayPal.com.au.

In accordance with clause 3 of this agreement, you are responsible for any costs associated with payment for the Goods as a result of making an online payment by credit card or using the PayPal service.

The payment will be processed as we prepare the Order for delivery, which in most cases will be the day of delivery but may be the day prior to delivery. ORGRAN may also accept your Order at the time you place your Order.

If your credit card is declined by your financial institution or the PayPal service, ORGRAN will not be able to guarantee delivery on the date or in the delivery window you selected and may contact you to make alternative delivery and payment arrangements.

If you are not at the Delivery Address or organise a redelivery, the payment will be processed on the original date of the Order. If the Order is cancelled or refunded, the credit will be processed within 5 business days.

ORGRAN may decline to accept payment from you by credit card or the PayPal service for any reason, and is not required to give reasons. If ORGRAN declines to accept payment from you by credit card or the PayPal service, the Order will not be processed and you will not be contacted.

8. SET-OFF

If you owe money to ORGRAN under one Agreement, ORGRAN may set-off that money against any money that you owe to ORGRAN under another Agreement. If ORGRAN owes money to you under one Agreement, ORGRAN may set-off that money against any money that it owes to you under another Agreement.

9. OUT OF STOCKS AND SUBSTITUTION

ORGRAN will not provide rainchecks in respect of Goods ordered by you. When completing your Order, you will be invited to select a substitution option in respect of Goods which are out of stock. ORGRAN will use its best endeavours to ensure that all Goods ordered by you (and any agreed substitutes) are supplied to you. ORGRAN reserves the right to limit the sale of Goods to reasonable or normal household quantities.

10. PACKAGING AND LABELLING OF GOODS

ORGRAN aims to include in the Product Range List up-to-date pictures of the Goods. At times, the picture of the Goods on the Product List may differ from the Goods actually supplied to you. ORGRAN does not warrant the accuracy of the information contained in the Product Range List and recommends that you read the labels on Goods carefully before consuming the Goods.

11. INTELLECTUAL PROPERTY RIGHTS

You acknowledge that ORGRAN or its related corporations own or are licensed to use all Intellectual Property Rights in ORGRAN, including any images, photographs or text which appears on the ORGRAN web site. You must not make any representation to the contrary and you must not use or copy ORGRAN in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. You acknowledge that any trademarks or logos which appear on the ORGRAN web site are owned by or licensed to ORGRAN or its related corporations, and that you must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.

12. LIABILITY

You acknowledge that the Goods are provided "AS IS" and that the Goods are not making and has not made any warranty or representation as to the Good’s suitability for any particular purpose. In using the Goods, you are not relying on any statement or representation made by ORGRAN which is not expressly contained in this Agreement. Any liability of ORGRAN arising out of or in connection with a breach of an express or implied warranty or condition in respect of Goods or deliveries supplied to you through use or consumption of the Goods (other than a condition or warranty implied by legislation which does not permit ORGRAN's liability to be limited as stated in this clause) will, at the election of ORGRAN, be limited to

    1. if the condition relates to Goods, the replacement of the Goods or the supply of equivalent Goods; and
    2. if the condition relates to deliveries, the supplying of the deliveries again or the payment of the cost of having the deliveries supplied again.

To the extent permitted by law, you release and discharge ORGRAN and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with the Goods or this Agreement, including loss or damage caused by the negligence of ORGRAN or its related corporations, its officers, agents or employees.

13. USERNAME AND PASSWORD

You must take responsibility for the safekeeping of your user name and password. You are liable if your user name and password are used by an unauthorised person. You release and indemnify ORGRAN in relation to any liability arising out of the unauthorised use of your user name or password.

14. NOTIFICATION OF CHANGES

ORGRAN may add to, delete, or otherwise change any of the terms of this Agreement without notice. Your placement of an Order after notice will constitute your deemed acceptance of such changes.

15. PRIVACY AND SECURITY

For details on the ORGRAN’s Privacy Policy or ORGRAN’s Terms and Conditions of Access to Website, please click on the appropriate links on the Home Page.

16. TERMINATION

ORGRAN may terminate or suspend this Agreement at any time by delivering notice (as specified in clause 17) or by sending you a system message advising that your shopping privileges have been removed. Termination of this Agreement is effective the day notice is received, or such later date as specified in the notice. ORGRAN, in its discretion, may elect to terminate a user name or refuse to deliver to a particular address.

17. NOTICES

ORGRAN may give notice to you by electronic mail, conventional mail to your address contained in the customer application or customer details information or notice posting on the ORGRAN web site. You may give notice to ORGRAN by electronic mail to info@orgran.com.

18. SEVERABILITY

Each provision of this Agreement are severable. Severance does not affect any other provision.

19. LAWS

The laws of Victoria govern this Agreement.