This Agreement is a contract between you and The Farmer’s Gate Pty Ltd trading as The Farmer’s Gate. It sets out how you can purchase goods from The Farmer’s Gate. By completing the customer application process and using The Farmer’s Gate, you are bound by this Agreement.
- THE AGREEMENT
- CUSTOMER APPLICATION
- ORDERS, DELIVERY AND COLLECTION OF GOODS
- RISK AND TITLE IN THE GOODS
- REFUNDS AND RELATED CREDITS
- PRICE OF GOODS AND PAYMENT
- PROMO CODES
- OUT OF STOCK AND SUBSTITUTION
- PACKAGING AND LABELLING OF GOODS
- INTELLECTUAL PROPERTY RIGHTS
- USE OF THE WEBSITE
- THIRD PARTY WEBSITES
- USERNAME AND PASSWORD
- NOTIFICATION OF CHANGES
- PRIVACY AND SECURITY
- INTERPRETATIONIn these Conditions:
Agreement is an agreement between you and The Farmer’s Gate to supply goods, and consists of the Order and these Conditions.
Conditions are these conditions, and any additions or variations;
Delivery Address is the address where the goods are to be delivered as stated on the Order;
Goods are items in an order, and include packaging;
Intellectual Property Rights includes copyright, trademarks, patents, designs and protection of confidential information;
Order is an order by you to purchase goods from The Farmer’s Gate;
Product List is the list of goods displayed on the The Farmer’s Gate web site; and
Delivery Fee is the fee payable to The Farmer’s Gate for delivery of the goods to your Delivery Address and handling and other costs associated with processing your order, including but not limited to a click and collect order.
- THE AGREEMENTAn agreement exists once The Farmer’s Gate accepts an Order from you which occurs when your order and payment is processed. For liquor, an agreement exists between you and Liquorland once the Order for liquor is accepted by Liquorland at its licensed premises, and payment is processed. Each Order is a separate Agreement.
- CUSTOMER APPLICATIONAccurate information: Information provided by you in your application must be accurate and complete. You must inform The Farmer’s Gate if there’s a change to your details.
Delivery area: Orders for delivery to addresses that are not in the The Farmer’s Gate delivery area can’t be processed. We’ll let you know if your Delivery Address ceases to be in an area where The Farmer’s Gate delivers Goods.
Wholesale Customers: Customers wishing to set up a wholesale account can email firstname.lastname@example.org. Wholesale customers will be bound by these conditions, but will also be bound by the additional terms specific to business customers that will be provided at the time of setting up a wholesale account.
- ORDERS, DELIVERY AND COLLECTION OF GOODSLate cancellation fee: If you cancel an Order after the order cut off time, The Farmer’s Gate may charge you and you must pay a late cancellation fee.
Delivery: The Farmer’s Gate will deliver the Goods to you at the Delivery Address within the time agreed with you. The Farmer’s Gate won’t 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 The Farmer’s Gate to deliver the Goods beyond your front door and we agree that it is practical to do so, you agree to continually indemnify and hold harmless The Farmer’s Gate (including its officers, employees, contractors and agents) from any Loss suffered or incurred through the delivery of the Goods beyond your front door. ‘Loss’ means any loss including any liability, cost, expense, claim, proceeding, action, demand or damage.
Order collection: Customers may opt for collection of orders from The Farmer’s Gate. A pickup time must be specified in the order request. Collection of Orders are only available during our regular opening hours for the collection time you requested at the time of ordering. Orders not collected may incur a cancellation fee.
Authorised receipt of Goods: Anyone at the Delivery Address (or upon collection) who receives the Goods shall be presumed by The Farmer’s Gate to be authorised to receive the Goods. If the Order contains alcohol or tobacco products, The Farmer’s Gate may request evidence that they are 18 years or older. If the person receiving the Goods is unable or unwilling to provide satisfactory evidence of proof of age, The Farmer’s Gate may refuse to deliver the Goods. The Farmer’s Gate may refuse to provide liquor to a person who is intoxicated or disorderly.
Additional delivery fee: If there’s no one at the Delivery Address or no one of appropriate age to receive, sign and pay for the Order when the Goods are delivered, the Goods won’t be left at the Delivery Address. We’ll endeavour to contact you and may charge an additional delivery fee. A cancellation fee may also apply.
Minimum order value: The Farmer’s Gate may from time to time set a minimum order value. The minimum order value excludes any Delivery Fee. The Farmer’s Gate may decide to accept an order which is below the minimum order value. Doing this in one instance won’t oblige The Farmer’s Gate to accept an order which is below the minimum order value at any other time.
- RISK AND TITLE IN THE GOODSRisk and title in the Goods passes to you upon delivery or collection and payment for the Goods, either at the Delivery Address or Click & Collect outlet.
- CREDITS AND REFUNDSYou can make a claim for a refund or credit if:
- you believe that Goods we charged you for were not provided; or
- there is a fault or defect with the Goods you have purchased.
Email email@example.com to lodge your claim. We’ll assess your claim and are happy to offer a credit or refund for any missing or faulty Goods.
The Farmer’s Gate won’t pick up any Goods that you don’t accept and that you have not returned with the customer service agent (or team member at The Farmer’s Gate location). However we may need to inspect the Goods before making an assessment, therefore please keep them until we advise they can be discarded.
Credit for the value of any Goods that are validly sent back with the customer service agent (or The Farmer’s Gate team member upon collection) or credits applied for any other reason (including customer care or promotional activity), will be applied to your next Order as long as the Order is worth more than the credit. The Farmer’s Gate credit is valid for one year from the date of issue. You can check the expiry date or balance of your credits by emailing firstname.lastname@example.org.
- PRICE OF GOODS AND PAYMENTDelivery Fee: If required by The Farmer’s Gate, you must pay the Delivery for each Order to The Farmer’s Gate.
Additional fees: If charged by The Farmer’s Gate in accordance with clause 4, you must pay any late cancellation fee or additional delivery fee.
Card fees: If charged by The Farmer’s Gate, you must pay eftpos, or credit or debit card processing fee.
Specials: The Farmer’s Gate offers many catalogue specials and exclusive online specials, but please be aware some The Farmer’s Gate specials are not available at The Farmer’s Gate.
Total price of Goods: Goods in your Order are charged at the purchase price published at the time you submit your Order, and that appears on the Order confirmation, except:
- if a Good is out of stock, in which case you won’t be charged for that Good;
- if you haven’t nominated that you won’t accept a substitute Good, the substitute Good will be charged at the lower of the original or the substitute price at the time the substitute Good is processed for your Order;
- if you have ordered a Good that is priced per kilo, in which case you’ll pay the lower of the per-kilo price at the time you placed your Order and at the time your Order is processed.
- if you modify your Order, in which case all prices will update to the then-current prices.
Pricing Errors: The Farmer’s Gate reserves the right to amend any pricing errors displayed due to human error, computer malfunction or other reason. The Farmer’s Gate will notify you of any error in pricing and you may elect to not purchase any Good/s where the price has been corrected.
Tax invoice: Before or upon delivery of the Goods, we’ll provide you with a tax invoice with the total price for the Goods, including credits applied and any other fees.
Method of payment: At the time you place the Order, you’ll be required to make online payment by credit card. Customer accounts are available for approved wholesale customers. Unless otherwise agreed, in order to receive the Goods you have ordered, payment must be received by the selected payment method.
- PROMO CODES
We may from time to time issue promotional codes. These promotional codes are personal to the individuals we issue them to and cannot be transferred or sold. The promotional codes are subject to the terms disclosed at the time of issue. We reserve the right to cancel any or all promotional codes at any time if we suspect error, fraud or any other abuse of the codes is occurring.
- SET-OFFIf you owe money to The Farmer’s Gate under one Agreement, The Farmer’s Gate may set-off that money against any money that The Farmer’s Gate owes to you under another Agreement. If The Farmer’s Gate owes money to you under one Agreement, The Farmer’s Gate may set-off that money against any money that you owe it under another Agreement.
- OUT OF STOCKS AND SUBSTITUTIONThe Farmer’s Gate doesn’t provide rainchecks on Goods ordered by you. The Farmer’s Gate will select for you (unless you advise us otherwise via your account or at the time of order) a substitution for Goods that are out of stock. The Farmer’s Gate will try to ensure that all Goods you order (and any agreed substitutes) are supplied. The Farmer’s Gate can limit sales to reasonable or normal household quantities. Substitute items are charged at the lower of the original and the substitute price.
- PACKAGING AND LABELLING OF GOODSThe Farmer’s Gate aims to provide up-to-date pictures and details of the Goods on our site. At times, the picture or details of some Goods may differ from the Goods actually supplied to you. The Farmer’s Gate does not warrant the accuracy of the information contained in the Product List, descriptions and pictures and recommends that you read labels carefully before consuming Goods.
- INTELLECTUAL PROPERTY RIGHTSYou acknowledge that The Farmer’s Gate or its related corporations own or are licensed to use all Intellectual Property Rights in The Farmer’s Gate, including any images, photographs or text that appears on the The Farmer’s Gate web site. You must not make any representation to the contrary and you must not use or copy The Farmer’s Gate in any manner inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. You acknowledge that any trademarks or logos that appear on the The Farmer’s Gate web site are owned by or licensed to The Farmer’s Gate 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.
- LIABILITY13.1 The Farmer’s Gate will use reasonable care and skill in providing the The Farmer’s Gate website for your use.
13.2 We are responsible for loss suffered by you as a result of:
- our negligence if it causes personal injury or death; or
- a serious breach of this Agreement by us,
if that loss was reasonably foreseeable at the time.
13.3 Subject to clause 13.2 and to the extent permitted by law, you release and discharge The Farmer’s Gate 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 Farmer’s Gate or this Agreement (including the installation, downloading, use or performance of any software related to the The Farmer’s Gate website).
13.4 Provided that it’s fair and reasonable to do so, any liability by The Farmer’s Gate resulting from a breach of warranty (express or implied) will be limited as follows:
- If the breach relates to the Goods, to the replacement of the Goods or the supply of equivalent goods.
- If the breach relates to deliveries, to the re-supply of the delivery or the cost of having the deliveries supplied again.
These limitations don’t apply to any condition or warranty implied by legislation that does not permit The Farmer’s Gate’s liability to be limited.
- USE OF THE WEBSITEYou may only use the Website for personal purposes unless The Farmer’s Gate provides express written consent to the contrary.
- THIRD PARTY WEBSITESThis website contains links to websites controlled by third parties (third party websites). The Farmer’s Gate isn’t responsible for any content on third party websites nor does it endorse or approve those websites. If you choose to visit third party websites you do so at your own risk and should make your own enquiries before relying on any content you view there.
The Farmer’s Gate makes no representations that third party websites do not infringe anyone’s intellectual property rights.
- USERNAME AND PASSWORDYou are responsible for the safekeeping of your user name and password, and you’re liable if your account is misused by an unauthorised person.
- NOTIFICATION OF CHANGESThe Farmer’s Gate may add to, delete, or otherwise change any of the terms of this Agreement by giving you notice as provided in clause 20. Your use of The Farmer’s Gate after notice will constitute your deemed acceptance of such changes.
- TERMINATIONThe Farmer’s Gate may terminate or suspend this Agreement at any time by delivering notice (as specified in clause 20) or by sending you a 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. The Farmer’s Gate may remove anyone from the system or refuse to deliver to a particular address at any time. You may cease placing orders at The Farmer’s Gate at any time.
- NOTICESThe Farmer’s Gate may give notice to you by email, conventional mail or notice on the The Farmer’s Gate site. You may give notice to The Farmer’s Gate by email to email@example.com
- SEVERABILITYEach provision of this Agreement is severable. The Agreement remains enforceable even if individual clauses are removed or deemed unenforceable.
- LAWSThis Agreement is governed by the laws of Queensland.