Terms & Conditions
WEBSTORE TERMS AND CONDITIONS
This page (together with the documents referred to on it) informs you of the terms and conditions in which we supply any of the products (Products) listed on our website www.profresh.com.au and profresh.flowers (Site) to you. Please read these terms and conditions (Terms) carefully before ordering any Products from the Site. By ordering any of our Products, you agree to be bound by these Terms.
Name Profresh Pty Ltd ABN 58 755 132 176 Short for name Profresh Notice details 15 - 17 Northwood Street
Western Australia 6007
Email: email@example.com Telephone: 1300 Profresh
The Site is only intended for use for people residing in Australia. Profresh does not accept orders from and does not deliver to addresses outside of Australia.
These terms and conditions are governed by the laws of Western Australia, Australia each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Western Australia, Australia.
- Profresh has the right to revise and amend these Terms from time to time at its absolute discretion by posting revised terms.
- Any revisions will be effective immediately. By continuing to use the Site after any revision becomes effective, you agree to be bound by the revised Terms.
- A provision or part of a provision of these Terms that is illegal or unenforceable may be severed from these Terms and conditions and the remaining provisions or parts of the provisions of these Terms continue in force.
- This Site and all materials on the Site, including, but not limited to, images, illustrations, posts, audio clips, video clips (Materials) are the property of Profresh and its affiliates and licensors.
- The Materials are protected from unauthorised copying and dissemination by copyrights that are owned or licensed by Profresh and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from this Site, or any other web site owned or operated by Profresh without the prior written permission of Profresh.
- No trademark (whether registered or otherwise) that is contained on this Site or otherwise used by Profresh may be used without our prior, specific, written permission or that of the trademark owner.
THIRD PARTY WEBSITES
- This site may contain information from or hyperlinks and other pointers to internet websites operated by third parties. Such information or websites are not under the control of Profresh and Profresh is not responsible for the contents of any such information or website. Profresh provides such information and hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Profresh. You rely on such information or websites entirely at your own risk.
- You are referred to the relevant third party websites for all information regarding the third parties' products and/or services. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase on the third party website.
SUPPLY OF PRODUCTS
- Profresh will supply the Products to you in accordance with these Terms.
- You can order Products from us at any time on the Site. Your order will constitute an offer to buy the Products and Profresh will confirm acceptance to you by sending you an email confirming that the Product has been successfully ordered (Confirmation). Any contract between you and Profresh will be formed when Profresh sends you the Confirmation.
- While every effort has been made to ensure the accuracy of prices, images and information displayed on this site, Profresh is not responsible for any error and reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price, image or the product description posted on this Site, or an error in your order. We may require additional verification or information before accepting any order.
All prices listed on the Site are exclusive of GST. Prices displayed are current at the time of issue, but may change at any time and are subject to availability.
- For each order, Profresh will invoice you.
- You must pay each invoice:
- Immediately if you do not have an account with Profresh;
- within 7 days of the date of the invoice.
PROPERTY AND RISK
- Property in the Products supplied under these Terms will pass from Profresh to you when payment is made in whole.
- Risk of loss or damage to the Products supplied under these Terms will pass to you on delivery of the Products.
11.1 Time for delivery
- Delivery will be made between 8:00 am and 5:00 pm from Monday to Friday (excluding public holidays). Profresh will not be able to specify an exact time when the Products will be delivered.
- There may be unforeseen circumstances where we are unable to meet our next day delivery promise. These include but are not limited to:
- weather conditions limiting access to delivery areas;
- technical and website related issues; and
- transport and/or logistical issues.
11.2 Unattended deliveries
- All deliveries will require a signature, however, you may complete an Authority to Leave form if you would like us to leave the order behind.
11.3 Address for delivery
- When ordering, please state the floor level of your delivery address.
- Profresh can only deliver to a physical address and cannot deliver to PO Boxes and Locked Bags.
11.4 Cost of delivery
- Profresh reserves the right to charge for delivery of the Products.
- Where prices are stated to be inclusive of delivery, delivery is to be made to the delivery point accepted by Profresh.
- Urgent orders for deliveries outside of the timeframes set out above may attract an additional delivery charge.
LIMITATIONS AND EXCLUSION OF LIABILITY
12.1 Non-Excludable Rights
Profresh acknowledges that Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) may confer certain rights and remedies on you in relation to the provision by Profresh of goods or services under these Terms. These Terms do not exclude, restrict or modify the application of any condition, warranty, guarantee, right or remedy conferred by or implied under any provision of the Australian Consumer Law or any other statute where to do so would:
- contravene the relevant statute; or
- cause any part of this agreement to be void or unenforceable, (Non-Excludable Rights).
12.2 Implied terms
Except in relation to the Non-Excludable Rights, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms implied or conferred by statute, custom, or the general law that impose any liability or obligation on Profresh are expressly excluded under this agreement.
12.3 Limitation of liability
Profresh's total liability to you under or in connection with the Products supplied under these Terms is limited in the aggregate to the greater of:
- in the case of services, the lowest of the cost of supplying the services again and payment of the cost of having the services supplied again; andr
- in the case of goods, the lowest of the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired. Subject to any Non-Excludable Rights, Profresh may make any election contemplated by this clause 12.3.
12.4 Exclusion of consequential loss
To the extent permitted by law, Profresh is not liable for any loss of profit, loss of revenue, loss of goodwill, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, loss of data, loss of use of data or any indirect, consequential or special loss or damage incurred by you or any other person arising under or in connection with this agreement or the supply, installation, provision or operation of the products supplied under these terms and conditions.
Some laws require that information or communications Profresh sends to you be in writing. When using this Site, you accept that communication with us is primarily eletronic. Profresh will contact you by email or provide you with information by posting notices on the Site. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Profresh provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.