Terms & Conditions

1. Introduction

IMPORTANT: THESE TERMS AND CONDITIONS TOGETHER WITH YOUR ORDER COMPRISE A CONTRACT BETWEEN YOU AND THE PRODUCER(S) OF THE GOODS YOU HAVE SELECTED. PLEASE READ THESE T&Cs CAREFULLY BEFORE PLACING AN ORDER ON THIS WEBSITE. BY PRESSING THE ACCEPT BUTTON, YOU SIGNIFY YOUR AGREEMENT TO THESE T&Cs.

1.1 SmilingFruit.com.au ("SmilingFruit" as below), is trading under LIFE & QUALITY Pty Ltd, an Australian registered company. Our other contact details are specified in the "Contact Us" section on our website.

1.2 We own and operate this website. All the cutomer details are securely stored and protected by our privacy policy and we do not disclose any of these details to any third part without your consent. We reserve the right to only share your contact information between different operations within LIFE & QUALITY. 

1.3 These terms and conditions ("T&Cs") comprise a contract between you and us governing your use of this website. If you are a consumer your statutory rights are not affected by this agreement.

1.4 References to "goods" in these T&Cs include "services". Headings are for information only and are not binding.

1.5 We may update these T&Cs from time to time and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on our website. The changes will apply to the use of the website after we have given notice. If you do not wish to accept the new T&Cs you should not continue to use the site. Your use of the website after the date on which the change comes into effect indicates your agreement to be bound by the new T&Cs.

2. Purchase of goods or services

2.1 The goods referred to on this website are supplied by the producer(s) identified on the website and not by us. We merely facilitate the transaction including by the provision of our website.

2.2 Any purchases on this site are subject to the terms and conditions between the producer(s) of the goods and the person, firm or company ordering the goods. Your remedy in the event of breach of that contract is against the producer and not us. We merely facilitate the transaction including by the provision of our website. We are not ourselves a party to that or any other contract for the supply or non-supply of the goods or in any way responsible for or in connection with the supply of the goods or for the acts or omissions of producers.

3. Registration

3.1 You must be over 18 years to register on this website. You must supply us with correct and truthful information on registration and promptly notify us of any changes.

3.2 The user name and password selected by you on registration are personal to you and are not transferable. You are responsible for keeping them secure and for any use of the website including orders made by anyone using your user name and password.

3.3 You must protect against unauthorized access to your computer. Ensure that you sign off when you finish using a shared computer.

3.4 Any breach of security concerning your user name and password should be notified to us immediately.

3.5 We may in our discretion suspend or terminate your registration or use of this site without notice and without giving reasons.

4. Instability of the internet

4.1 The internet is an inherently unstable media. We do not guarantee uninterrupted or error-free service and accept no responsibility in respect of such interruptions or errors.

4.2 We do not guarantee that this site will operate either fully or in part on any specific computer equipment or in any specific software or that it is free from viruses or anything else which may have a harmful effect on any technology.

4.3 We reserve the right to suspend the website without notice for repair, maintenance or other technical reasons.

5. Information on this website

5.1 Descriptions and other information concerning particular goods: The relevant producers supply and are responsible for such information. While we require that the producers supply accurate and reliable information, we cannot accept responsibility if this is not the case.

5.2 Other information on the website: We use reasonable efforts to include accurate and reliable information on this site but make no promise to this effect. Such information is used or relied upon at your own risk.

5.3 If you inform us of any inaccuracies on the website, we will attempt to correct them as soon as we reasonably can.

6. Links to other sites

6.1 On this website you may be offered links to other sites which we hope will be of interest. However, we have no control over such sites and do not endorse them. You agree that we are not responsible for the availability or content of, or goods or services available on, those websites.

7. Intellectual property rights

7.1 The content of our website including without limitation all information, software, data, text, photographs, graphics, sound and video are protected by copyright, trademarks, service marks, patents or other proprietary rights.

7.2 Except insofar as expressly permitted in these terms and conditions, the content of this website may not be retrieved, displayed, modified, copied, printed, downloaded, sold, hired, reverse engineered or transmitted in any way without our prior written consent.

7.3 You may retrieve and display the content on this website for your personal and non-commercial use only and in connection with any actual or proposed order by you on this website.

7.4 You may not link to this website or include this website in part or in whole within another external website without prior written permission.

8. Data protection

8.1 Personal information collected from you is subject to our privacy policy.

9. Disclaimers

9.1 This section (and any other clause excluding or restricting our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.

9.2 Without prejudice to rest of these T&Cs, our liability of any kind including breach of contract, tort (including negligence) or otherwise with respect to this website or any goods purchased via this website shall be limited to the amount of any order to which the claim relates.

9.3 In no event (including our own negligence) will we be liable for any:

9.3.1 economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);

9.3.2 loss of goodwill or reputation;

9.3.3 special, indirect or consequential losses; or

9.3.4 damage to or loss of data

(even if we have been advised of the possibility of such losses) with respect to this website.

10. General

10.1 These T&Cs constitute the entire agreement between you and us in connection with the use of this website. Any failure by us to exercise or enforce any right or provision of these T&Cs shall not constitute a waiver of such right or provision.

11. Force majeure

11.1 We are not liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control

12. Law and jurisdiction

12.1 This contract shall be governed by Australian law and any disputes will be decided only by the Australian courts.



TERMS AND CONDITIONS : PRODUCER AND CUSTOMER

1. Introduction

1.1 IF YOU ARE A CONSUMER YOU HAVE THE RIGHT TO CANCEL THIS CONTRACT WITHIN 7 WORKING DAYS OF DELIVERY IN RESPECT OF NON-PERISHABLE GOODS. FOR FURTHER INFORMATION SEE CLAUSE 8 BELOW.

1.2 Nothing in these T&Cs affects your statutory rights as a consumer.

1.3 We are SmilingFruit, trading under LIFE & QUALITY Pty Ltd, an Australian registered company (ABN number 63 161 203 354).

1.4 We operate this website. The goods referred to on this website are, however, supplied by the producer(s) identified on the website and not by us.

1.5 These terms and conditions ("T&Cs") together with your order comprise the terms of a contract between the person, firm or company ("you") ordering goods and the producer(s) of the goods you have selected ("the Producer"). Your remedy in the event of breach of this contract is against the Producer and not us. We merely facilitate the transaction including by the provision of our website. We are not ourselves a party to this or any other contract with you for the supply of goods or services or in any way responsible for or in connection with the supply or non-supply of the goods or for the acts or omissions of the Producer.

1.6 References to "goods" in these T&Cs include "services". Headings are for information only and are not binding.

1.7 These T&Cs may be changed at any time. Please check them carefully whenever you make an order.

2. Payment and price

2.1 Payment is by credit card on our website. Your order will only be processed if your card is authorized. Your credit card will not be charged until after dispatch of goods.

2.2 The price for the goods you order is stated on our website. GST is excluded unless stated otherwise. The price of goods may be changed at any time unless your order has been accepted (see below). In particular, if any goods have been mis-priced by mistake, the Producer is not obliged to supply them at that price provided you are notified and agree to the correct price before the order is dispatched by us.

2.3 Delivery is free of charge specified when you place your order. A separate delivery charge will apply to each order if the first delivery failed due to your absence. Currently, it involves $18.

2.4 All prices quoted on this website are quoted in Australian dollars (AUD).

3. Your order

3.1 Your order is an offer to buy from the Producer.

3.2 Please check your order carefully to ensure it is correct. You agree to supply us with correct information including delivery address and to notify us of any changes.

3.3 You acknowledge that you are over 18 years and have carefully read and accepted the price (including delivery charge), description and other information concerning the goods ordered. Some information on our website may be in French. Please contact us if you cannot understand anything.

3.4 No orders over AU$500 may be made via our website. No order may include more than 10 units of any type. You can place up to 2 orders in a same day.

3.5 Orders cannot be changed or cancelled once submitted.

4. Acceptance

4.1 There will be no binding contract of any kind between you and the Producer unless and until the Producer actually dispatches the goods to you. Until then the Producer may decline to supply the goods to you without giving any reason. Nothing else that we or the Producer do or say (including acknowledging your order) will amount to acceptance of your offer. Your credit card will not be charged until after Dispatch.

5. Unavailability

5.1 The Producer cannot be held responsible if any goods are unavailable due to circumstances beyond the Producer's reasonable control. If so, you will be notified as soon as possible by email and, if you have opted in to receive substitutes on registration, the unavailable goods will be substituted with goods from the same Producer or a different producer of a reasonably equivalent quality and price. There will be a separate contract (comprising these T&Cs) for the supply of such substitute goods between you and any such different producer.

5.2 If you do not wish to accept the substituted goods, please contact us by telephone (on the number specified on our website) to arrange the return of the goods. In such case you will be provided with a credit voucher in respect of the unavailable goods.

6. Delivery

6.1 Delivery will be made to the most suburbs in and around Sydney  as specified on our website only. Subject to this, delivery will be made to the address which you specify when ordering.

6.2 Because the goods include fresh foods, you must be present to receive the delivery during the delivery time slot which you specify. If not, the driver will leave notice of attempted delivery. In such case you must contact us urgently (given that goods may be perishable) to arrange a new delivery slot and pay $18 of delivery charge which will be charged to your credit card. Alternatively, a pick-up can be organized at our site in the same day provided you call us before you show up.

6.3 You should be able to provide proof of age and identity and the reference number on our email confirming your order and sign for the goods as proof of receipt. Otherwise the driver may refuse to deliver some or all of the goods. You can appoint a third party who is over 18 year to accept delivery on your behalf. Such person must also be able to provide proof of age, identity and reference number.

6.4 If you discover that any goods are missing or damaged, you must give us urgent notice by email (details on our website).

6.5 Risk of damage or loss to the goods (including deterioration of fresh foods) passes to you if delivery is attempted but you are not present to accept delivery or wrongfully refuse delivery.

6.6 We will use our best efforts to arrange delivery within the delivery time slot which you specify. If this is not feasible, we will contact you as soon as practicable to re-arrange. We cannot be held responsible for any delay in delivery resulting from circumstances beyond our reasonable control such as adverse weather or traffic delays.

7. Ownership

7.1 Property (i.e. ownership) of the goods shall not pass to you before we have received cleared payment.

8. Right to cancel - perishable goods

8.1 If you are a consumer, you have the right to cancel this contract within 24 hours of delivery except goods which have been consumed, opened or damaged by you. You can do so by email as specified on our website.

8.2 If you cancel, you must return the goods together with the invoice to us at your expense. Please contact us by telephone (details on our website) and we will tell you where to send the goods. We will refund the full amount paid by you within 30 days. We will however deduct the direct costs of recovery if you do not return the goods or do so at our expense. We will in any case pay the cost of returning any substitute goods in the event of cancellation under this clause.

9. Use

9.1 The goods are supplied for personal and not commercial use. They may not be re-sold.

10. General

10.1 These T&Cs shall be governed by Australian law and any disputes will be decided only by the Australian courts.

10.2 If any part of these T&Cs is deemed ineffective for any reason, the remainder shall continue in full force.

10.3 A person who is not a party to this agreement shall have no right to enforce any term of this agreement.

Smiling Fruit © 2017 All Rights Reserved
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