Terms & Conditions
Terms of Service

Before you begin, please review our Privacy Policy, as we will require certain personal information such as your name, email address, billing and delivery information, where we will safeguard and use this information as noted. By using our service ("Service") you are deemed to have read and accepted these terms and conditions set forth, thus forms a binding legal agreement between you and Grocery Shop Pty Ltd pursuant to which you agree to comply with the Terms of Service, and use this website only in a manner consistent with this Terms of Service. If you do not agree with any part of the Terms of Service, please do not access this website.

 
1. Acceptance of TermsTop

1.1 Welcome to the Grocery Shop Pty Limited ("GS") website ("Website"). GS provides services to you subject to the following terms and conditions of use (“Terms of Use”), which may be amended by us from time to time with no notice to you. When using any GS service you are also subject to any rules or guidelines which may be posted, or emailed from time to time. All such rules or guidelines are hereby incorporated by reference into these Terms of Use. You should visit the Website regularly to ensure that you are aware of any changes to these Terms of Use.

1.2 Your continued use of the Website constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to abide and be bound by these Terms of Use and any amendments.

1.3 These Terms of Use will be governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. If any provision of this agreement is found to be invalid or unenforceable by a court of law, that clause will be severed from these Terms of Use and such invalidity or unenforceability will not affect the remainder of the Terms of Use which will continue in full force and effect.

 
2. Accuracy of InformationTop

2.1 All material on the Website is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of the Website is at your sole risk. Access to the Website is provided on an 'as available' basis. Neither GS, its related bodies corporate nor its or their directors or employees make any representation or warranty that:

(a) any material on the Website will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or
(b) your access to the Website will be uninterrupted, timely or secure.


2.2 GS will not be liable for loss resulting from any action or decision by you in reliance on the information on the Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

 
3. Limitation of LiabilityTop

3.1 GS and its related bodies corporate attempt to be as accurate as possible in the description of products. However, GS does not warrant that product descriptions are accurate, complete, reliable, current, or error-free.

3.2 The Competition and Consumer Act 2010 (Cth) and similar state and territory legislation in Australia may confer rights and remedies on you in relation to the provision by GS of goods or services on the web site which cannot be excluded, restricted or modified ("Non-excludable Rights"). GS does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

3.3 Except as provided for by the Non-excludable Rights:

(a) all Content is provided "as is" and "as available" without warranties or guarantees of any kind, either express or implied;
(b) GS and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose,
(c) GS does not warrant that:
(i) the functions contained in any Content or any Communications Facility (as defined in clause 8.2) or your access to the Website will be uninterrupted or error-free;

(ii) any defects will be corrected; or

(iii) the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components;
(d) GS does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked web sites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise; and
(e) you (and not GS) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

3.4 To the maximum extent permitted by law, under no circumstances (including, but not limited to, any act or omission on the part of GS) will GS or its related bodies corporate be liable for any indirect, incidental, special and/or consequential damages or loss of profits, revenue or goodwill whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content. You expressly acknowledge and agree that GS does not exert control over users of the Website (including individuals referred to on the Website as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.

3.5 To the maximum extent permitted by law, GS' liability for breach of any implied warranty or condition which cannot be excluded is limited, at the option of GS, to the following:

(a) in the case of services supplied or offered by GS;
(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of such goods;

(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or

(iv) the payment of the cost of having the goods repaired.
 
4. IndemnityTop

You agree to indemnify and hold harmless GS and its related bodies corporate (and the officers, agents, partners and employees of each of these) against any and all loss, liability, claim or demand arising out of or in connection with your use and access to the Website.

 
5.CopyrightTop

5.1 This Website contains Content which is protected by copyright, trademark and other laws. Except where expressly permitted by these Terms of Use and excluding the temporary copy held in your computer's cache memory, the Content on this Website may not be used, copied, reproduced, displayed, published, stored in a retrieval system, altered, transmitted in any form or by any means, in whole or in part (except where such use constitutes 'fair dealing' under the Copyright Act 1968 (Cth), for any purpose whatsoever (including, but not limited to, personal or non-commercial use), without the prior written consent of GS or the appropriate supplier or licensor of GS. In particular, you may not use any part of the Content on this Website to establish, maintain or provide, or assist in establishing or maintaining or providing your own publications, website or other means of distribution without the prior written consent of GS or the appropriate supplier or licensor of GS.

5.2 Any use of the Content on this Website pursuant to these Terms of Use must contain an acknowledgement that GS or the appropriate supplier or licensor of GS is the legal owner of the Content.

5.3 All software used on this Website is the property of GS or its software suppliers and is protected by Australian and international copyright laws.

 
6. Names and LogosTop

6.1 The GS name and logo and the names and logos of GS products ("GS Names & Logos") form a part of the established corporate brand and image of GS and its related bodies corporate, which GS considers to be a significant proprietary asset. Unless the prior written consent of GS is obtained, you agree to not use any of the GS Names & Logos in any way including, but not limited to:

(a) in, or as the whole or part of your own trademarks;
(b) in connection with activities, products or services which are not GS';
(c) in a manner which may be confusing, misleading or deceptive; or
(d) in a manner that disparages GS or the information, products or services of GS (including this Website); or


otherwise hold yourself out as being associated with, related to or connected with GS or its business.

6.2 Other product and company names or logos mentioned or displayed on this Website from time to time may be the trademarks of other people or entities. Nothing displayed on this Website should be construed as granting any licence or right of use of any trademark displayed on this Website, without the express written permission of the relevant owner.

6.3 Any use of the GS Names & Logos or the names and logos of other people or entities pursuant to these Terms of Use must contain an acknowledgement that GS or the other person or entity is the legal owner of such names and logos.

 
7. RegistrationTop

7.1 In consideration of your use of the Website, you agree to:

(a) provide true, accurate, current and complete information about yourself as prompted by the Website's registration form (such information being the "Registration Data"); and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

7.2 You must provide your real name and email address when providing Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if GS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GS has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

7.3 If you use the Website, you are responsible for maintaining the confidentiality of your Registration Data and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

 
8. Electronic Communications and Your ConductTop

8.1 When you visit the Website or send an email to us, you are communicating with us electronically. You also consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

8.2 The Website may contain electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users to GS, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services ("Communication Facilities").

8.3 It is a condition of your use of any Communication Facility and your access to the Website that you do not do any of the following:

(a) restrict or inhibit any other user from using or enjoying any Communication Facility;
(b) post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
(c) post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
(d) post or transmit any material of any kind which contains a virus or other harmful component;
(e) post, transmit or in any way exploit any material of any kind for commercial purposes or which contains any promotional material or advertising;
(f) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
(g) download any file posted by any other user of a Communication Facility if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.

8.4 GS may from time to time monitor or review any content posted in its Communication Facilities. While GS reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in GS' sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, GS has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is GS responsible for any Content posted in any Communication Facilities (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the web site are solely their own). You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.

8.5 GS reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

 
9. ContributionsTop

9.1 GS may permit you to make share, publish, post, store or upload information including data, text, video, still images, audio or other material on the Website ("Contributions"). You retain sole responsibility for and accept all liability for all Contributions you make to the Website and GS disclaims any and all liability in connection with Contributions. GS assumes no responsibility for monitoring any Contributions, and does not endorse any Contributions. GS is under no obligation to treat your Contribution as confidential.

9.2 GS may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion and without prior notice to you.

 
10. Grant of Licence to GSTop

10.1 By placing any Contributions, information or other material on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to GS and its related bodies corporate a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the Contributions, information or material:

(a) use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display; and
(b) sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

10.2 The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of GS and any other party authorised by GS all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of GS, you will execute and deliver to GS such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

 
11. SecurityTop

At GS we take your online security very seriously. As such, we have prepared the following guidelines and information to help you enjoy trouble free browsing when visiting our web site or interacting with us:

(a) GS will never ask you to provide personal information like your bank details, credit card details, your address, driving licence or passport numbers via email; and
(b) If you're making an online purchase from GS and are required to provide us with your bank or credit card details, this will be carried out within a secure browser window. Check that a locked padlock symbol appears at the foot or top of the browser in which you are entering your details. The URL should also change, to start with 'https://...' instead of 'http://...'


Please report any suspicious activity to GS immediately.

 
12. Third party links and advertisingTop

12.1 Hyperlinks and pointers to websites operated by third parties will appear on the Website from time to time. These websites do not form part of the Website and are not under the control of GS or its related bodies corporate and neither GS nor its related companies have any responsibility for the contents of any such hyperlink or linked website. If you link to any such websites, you leave the Website and do so entirely at your own risk.

12.2 The Website displays third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by GS or its related bodies corporate of the relevant advertiser, its products or services or any such linked website.

12.3 If you contact a third party using functionality provided on the Website, including via email, GS accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.

 
13. Errors and OmissionsTop

GS endeavours to maintain the accuracy of all product images, product descriptions, stock availability and prices shown on the Website. However, GS reserves the right to cancel an order and/or reverse a payment if an order has been placed based on erroneous information.

Privacy PolicyTop
 

1. Your PrivacyTop

1.1 At Grocery Shop Pty Ltd we are committed to protecting your Personal Information so that you can enjoy and feel secure during your online experience with us. The following details in general terms the way we manage your Personal Information as per the Privacy Act 1988 (Cth).

 
2. Collecting Personal InformationTop

2.1 As an online retailer, only Personal Information which is necessary for us to conduct our business will be collected from you. This information is given to us by you when you contact us, register or subscribe to our website or information obtained during the course of a transaction. The types of Personal Information that may be collected from you include your name and contact details, and any other information that comes to us during the course of a normal transaction. Personal Information may also be collected regarding individuals who may not be customers of ours but whose details are given to us by those individuals or given to us by others during the course of a transaction.

 
3. Using and disclosing your Personal InformationTop

3.1 Generally, any Personal Information collected from you will be used and disclosed for the primary purpose of provided you with the goods and services that you have requested and to enable us to conduct our business. We will also disclose Personal Information in cases where it would be reasonably expected of us to do so, or if you have given us your consent to do so, or if we are required by law to do so.

3.2 We may share your Personal Information with related entities of Grocery Shop Pty Ltd to inform you of our other products and services and you will be given the opportunity to unsubscribe if you so wish.

We may also disclose your Personal Information to third parties that provide services to us to enable us to provide you with the goods or services you have requested. Such third parties include Freight and Logistics suppliers, I.T. support services and Financial Institutions for payment gateway purposes.

 
4. Third Party Links and AdvertisingTop

4.1 Hyperlinks and pointers to websites operated by third parties will appear on our website from time to time. These websites do not form part of the Grocery Shop website and are not under the control of Grocery Shop or its related bodies corporate and neither Grocery Shop nor its related companies have any responsibility for the contents of any such hyperlink or linked website. If you link to any such websites, you leave our website and do so entirely at your own risk.

4.2 The groceryshop.com.au website displays third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by Grocery Shop or its related bodies corporate of the relevant advertiser, its products or services or any such linked website.

4.3 If you contact a third party using functionality provided on our website, including via email, Grocery Shop accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party

 
5. CookiesTop

5.1 The groceryshop.com.au website uses "cookies" to help you personalize your online experience. A cookie is a text file or a packet of information that is placed on your hard disk by a web page server to identify and interact more effectively with your computer. There are two types of cookies that may be used: a persistent cookie and a session cookie. A persistent cookie gets entered by your web browser into the "Cookies" folder on your computer and remains in this "Cookies" folder after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. A session cookie is held temporarily in your computer's memory and disappears after you close your browser or shut down your computer.

5.2 The groceryshop.com.au website may also use web "beacons" (also called "clear GIFs" or "pixel tags") in conjunction with cookies for the same reasons. Web beacons are small strings of code that are placed in a Web page.

5.3 Cookies cannot be used to run programs. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

5.4 One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize groceryshop.com.au pages, or register with the groceryshop.com.auwebsite or services, the cookie helps record your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same groceryshop.com.auwebsite, information you previously provided can be retrieved, so you can easily use the features that you customized.

5.5 You can configure your internet browser (such as Microsoft Internet Explorer, Mozilla Firefox, or Safari) to accept all cookies, reject all cookies or notify you when a cookie is sent. Please refer to your internet browsers instructions to learn more about these functions. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies, if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the groceryshop.com.auwebsites.

 
6. Securing your Personal InformationTop

We take all reasonable precautions to safeguard any Personal Information collected. All electronic information is stored in a controlled secure environment until it is deleted or destroyed when no longer needed. Precautions taken include firewalls, passwords, secure servers, encryption and secure sockets.

While Grocery Shop Pty Ltd takes all reasonable steps to keep your personal information secure, accurate and current, the internet is not always a secure method of transmitting personal information. Accordingly, Grocery Shop Pty Ltd cannot accept responsibility for the security of information you send to us or receive from us over the internet or for any unauthorised access or use of that information.

 
7. Accessing your Personal InformationTop

You may, upon written request, access the Personal Information that we hold as per your right of access as detailed as per the Privacy Act 1988 (Cth). Please note, some requests for access may be denied if it is unlawful for us to disclose information or if we deem it to impact on other people’s privacy or if we deem it to be prejudicial to any existing or anticipated legal proceeding. If you would like to request access to personal Information either write to us or email us on the addresses provided in the “Contact Us” section of this policy.

 
8. Changes to this Privacy PolicyTop

Grocery Shop Pty Ltd may amend this Policy from time to time. You should visit the Website regularly to ensure that you are aware of any changes to this policy.

 
9. Contacting the Privacy OfficerTop

If you would like more information about the way we manage personal information which we hold about you, or are concerned that we may have breached your privacy, please contact our Privacy Officer by email, fax or post:

Grocery Shop Pty Ltd
43 Lakeside Avenue
RESERVOIR VIC 3073
AUSTRALIA
Email us at  info@groceryshop.com.au
Facsimile 03 8648 6373

 
Links

If you require any further information about the Privacy Act and the National Privacy Principles, you can visit the Federal Privacy Commissioners website at www.privacy.gov.au.


Supply Policy

1. Terms & ConditionsTop

1.1 These Terms & Conditions, together with the Website Terms, the Privacy Policy, the Return Policy, the Shipping Policy and the Terms of Service Policy govern the use of the Website. By continuing to use the Website, you agree to be bound by these Policies.

1.2 Grocery Shop Pty Ltd ("GS") reserves the right to amend these Terms & Conditions from time to time. You should visit the Website regularly to ensure that you are aware of any changes to these Terms & Conditions.

1.3 All Orders are accepted and handled by GS in accordance with these Terms & Conditions. We recommend that you read these Terms & Conditions carefully before submitting an Order with GS.

1.4 If you do not agree to these Terms & Conditions, please do not use the Website.

 
2. Definitions and InterpretationTop

In these Terms & Conditions, the following definitions and interpretations apply
2.1 Words importing the singular number include the plural and vice-versa and words importing any gender include all other genders.

2.2 Headings are for reference only and shall not affect the construction of these Terms & Conditions.

2.3 A reference to a party if more than one is to them jointly and severally.<

2.4 Any reference to a statute ordinance code or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements.

2.5 Any reference to a person includes any type of entity or body of persons, whether or not it is incorporated or has a separate legal entity.

2.6 A reference to "we", "us" or "our" is a reference to GS.

2.7 A reference to "you" or "your" is a reference to the person who is taken to agree to these Terms & Conditions pursuant to clause 1.

2.8 The following words shall have meaning given to them:

"Consumer Legislation" means the Competition and Consumer Act 2010 (Cth) and any other consumer legislation in force from time to time.

"Content" has the meaning given to this term in clause 4.

"Discount Codes" has the meaning given to this term in clause 8.

"Estimated Delivery Time" means the estimated time for delivery notified to you on the Website when you submitted your Order which, in the case of delivery to an Australian address, will not normally exceed 21 days from the date we have received both your Content and your payment for your Order .

"Goods" means any goods, items or products which are available for purchase via the Website.

"Content" means any information provided to GS when you submit an Order, including but not limited to any text entered on the website or GS social media applications.

"Intellectual Property" includes:
(a) patents, copyright, registered and unregistered design rights, registered and unregistered trademarks, trade secrets, secret or confidential operations and processes, rights in know-how and confidential information and all other intellectual and industrial property rights (without limitation) resulting from intellectual activity;
(b) all similar or analogous rights existing under the laws of any country; and
(c) all rights to apply for or register such rights.
"Order" means an order submitted by you for Goods from the Website in accordance with clause 5.

"Privacy Policy" means GS' privacy policy, a copy of which is available from the Website.

"Related Body Corporate" shall have the same meaning as set out in Section 50 of the Corporations Act 2001 (Cth).

"Website" means GS' website www.groceryshop.com.au.

"Website Terms" means GS' terms and conditions for the use of the Website, a copy of which is available from the Website.
 
 
3. OrdersTop

3.1 Subject to clause 5.4, GS provides a number of resources, accessible via the Website, which may assist you with the purchase of your Goods including, but not limited to, knowledge base articles, email and telephone support. However, you acknowledge and agree that due to the automated processes used by GS in the supply of Goods:

(a) upon receipt of your payment, your Order will be treated as a final submission and the supply of your Goods will commence immediately;
(b) GS is not responsible for what is included within your Orderor errors in the compilation of your Order which has made been by you, such as quantities entered or selected item mistakes.GS is in no way obligated to review your Order and does not accept any responsibility for doing so.

3.2 Subject to clause 5.4, by submitting an Order, you are confirming that GS may immediately commence supply the Goods and you warrant that:

(a) you have checked your Order;
(b) Goods in the Order meets your requirements; and
(c) your Order complies with the terms of these Terms & Conditions,

3.3 Subject to clause 5.4, GS will not accept any amendments to an Order once it has been submitted by you and your payment has been received

3.4 Once you have submitted and paid for an Order and delivery is in progress, your Order cannot be cancelled. However, your Order may be cancelled if delivery of the Order has not commenced yet, provided that you have:

(a) contacted GS via the contact details listed on the Website to request that your Order be cancelled and explain the reason for the cancellation; and
(b) paid GS’ cancellation fee, as listed on the Website and subject to change from time to time, in respect of the expenses incurred by GS (such as packaging and handling costs) in connection with granting your request to cease supply of your Goods.
 
4. PaymentTop

4.1 You acknowledge and agree that GS will not commence supply of the Goods until GS receives full payment for your Order, together with all applicable delivery charges, in accordance with the prices listed on the Website, which are subject to change from time to time.

4.2 All prices listed on the Website are in Australian dollars.

4.3 You agree to pay any other fees or charges which may be incurred in relation to the delivery of your Order which may include, but are not limited to, duty imports, value-added taxes or customs clearance charges.

4.4 Payment for Orders and all applicable delivery charges must be made by online credit card transaction. All personal credit card information provided to GS is encoded using ‘Secure Sockets Layer’ technology.

4.5 GS will email you an electronic Order confirmation to your nominated email address once your Order has been captured in GS’ system and your payment has been processed.

 
5. Discount CodesTop

5.1 GS may, from time to time, conduct various forms of marketing or promotion whereby GS will offer or provide discount codes that offer a specific discount which may be used when paying for an Order (Discount Codes). Discount Codes may be delivered to you or advertised publically including, but not limited to, on the Website.

5.2 Discount Codes may be used when paying for any Order unless the Discount Code specifically states that it may only be used in respect of Orders for specific Goods in which case the Discount Codes may not be used to pay for any other Goods.

5.3 Discount Codes may, if applicable, be delivered to you either via e-mail or post, at GS’ absolute discretion. You are solely responsible for the security of Discount Codes delivered to you. GS has no obligation to re-issue or re-publish any Discount Code which GS has previously issued or published.

5.4 Discount Codes may not be used after the expiry date or time stated on the Discount Code or advertised with the marketing or promotion in which the Discount Code was made available.

5.5 In order to apply a Discount Code towards payment for an Order via the Website, you must ensure that you enter the Discount Code at the time of submitting and paying for your Order. Discount Codes cannot be applied towards payment for an Order after the Order has already been submitted by you. You are advised to confirm that the Discount Code entered by you has been applied correctly in reduction of the price for your Order before making payment.

5.6 In using your Discount Code, you acknowledge that all Discount Codes are subject to the following further conditions:

(a) Discount Codes vary from time to time and therefore the discounts offered will also vary;
(b) only one Discount Code may be applied towards payment for any Order;
(c) Discount Codes may not be applied in respect of any additional charges includingdelivery charges.
 
6. Force MajeureTop

6.1 GS shall not be considered in default in the performance of its obligations, or be liable for any failure to deliver or for any delay in delivery of an Order to the extent that such failure or delay is caused by an event of Force Majeure.

6.2 In the event of a delay arising from an event of Force Majeure, the time of the performance of delivery of an Order shall be extended by a period of time reasonably necessary to overcome the effect of the delay.

6.3 For the purposes of this clause, 'Force Majeure' means:

(a) war, hostilities, blockade, insurrection, invasion, act of foreign enemies;
(b) rebellion, terrorism, sabotage, strikes, revolution, insurrection, military or usurped power, or civil disturbance; and
(c) breakdown of machinery, flood, bushfire, washout, earthquake, landslide, cyclone, hurricane, typhoon, tidal wave or volcanic activity;


or any other cause whether similar or dissimilar to any of the causes or categories described above and which is beyond the reasonable control of GS.
 
7. IndemnityTop

7.1 You agree to indemnify and hold harmless GS and its Related Bodies Corporate (and the officers, agents, partners and employees of these) against:

(a) all and any demands, claims, actions and proceedings, whatsoever and howsoever arising, made by any third party in connection with or arising from of a breach of any provision of these Terms & Conditions by you.

7.2 The indemnity given by you in these Terms & Conditions:

(a) is a continuing obligation;
(b) is a separate and independent obligation from the other obligations set out in these Terms & Conditions; and
(c) survives the termination of these Terms & Conditions.
 
8. Limitation of LiabilityTop

8.1 You acknowledge and agree that in using the Software and submitting your Order, you have not relied in any way on any of GS’ representations, descriptions, illustrations, specifications, skill or judgment which are not expressly stated in these Terms & Conditions or on the Website. You further acknowledge and agree that you have satisfied yourself as to the condition and suitability of the Software for your purposes.

8.2 Unless these Terms & Conditions expressly provides otherwise:

(a) all express and implied conditions, warranties or liabilities (including liability in respect of negligence) regarding the condition, accuracy, suitability or quality of the Software or the Goods are negated and excluded; and
(b) GS gives no condition, warranty, undertaking or representation in relation to the condition, accuracy, suitability or quality of the Software or the Goods.

8.3 GS' liability for a breach of these Terms & Conditions, statutory causes of action, or common law or tort (including negligence) in any way arising from these Terms & Conditions will be limited to the extent that GS will not be liable for any direct or indirect lost profit or revenue, exemplary damages, deletion or corruption of electronically or digitally stored information or without limiting the foregoing, any indirect or consequential loss or damage howsoever described or claimed.

8.4 Notwithstanding clause 14.3, nothing in these Terms & Conditions excludes, restricts or modifies any condition, warranty, right or remedy which is conferred on you by the Consumer Legislation. If GS breaches any provision of these Terms & Conditions or a condition or warranty which has been implied by the Consumer Legislation and cannot be excluded, GS’ liability will be limited, where possible, to:

(a) in the case of the supply of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired;

whichever GS prefers to provide.

8.5 The rights and remedies which you have pursuant to these Terms & Conditions are in addition to the rights and remedies under the Consumer Legislation.

8.6 Clauses 14.3 to 14.5 inclusive will survive the termination of these Terms & Conditions and will continue for the benefit of, and be enforceable by, GS.

 
9. WaiverTop

No failure to exercise and no delay in exercising on the part of you or GS of a right, power or privilege under these Terms & Conditions shall operate as a waiver nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise or the exercise of any other right, power or privilege.

 
10. Entire AgreementTop

These Terms & Conditions, including the terms of the Privacy Policy, Return Policy, Shipping Policy and the Website Terms, together with any Order issued in connection with these Terms & Conditions, constitute the entire agreement between you and GS and all previous dealings, representations and arrangements are hereby expressly excluded. Subject to any further written agreement between you and GS which may be contained in an Order or an application to be accepted as a customer of GS which may contain terms which are in conflict with these Terms & Conditions, to the extent of any inconsistency, the terms of these Terms & Conditions take priority over the terms of any Order.

 
11. SeverabilityTop

If any of part of these Terms & Conditions or any provision of any agreement in which the terms of these Terms & Conditions are expressly or impliedly incorporated, shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law, that part or provision shall to that extent be deemed not to form part of these Terms & Conditions or of such contract and the enforceability of the remainder of these Terms & Conditions and of the contract shall not be affected.

 
12. Governing Law

These Terms & Conditions are governed by the applicable law in the State of Victoria, Australia and you irrevocably submit to the authority of the Courts having jurisdiction in the State of Victoria, Australia.

Shipping PolicyTop

Grocery Shop Pty Ltd uses reputable and reliable delivery agents for all deliveries of orders and reserves the right to change its nominated delivery agent at any time without prior notice to you.
All orders are professionally handled and packed to avoid any damage during delivery.

Grocery Shop Pty Ltd will use its bestendeavours to ensure that all orders are delivered to the delivery address supplied by you within its estimated delivery time. However, many factors beyond our control can impact our delivery times and we cannot take any responsibility for delays that may occur. We do not allow pickups to be made from our location. Please note that delays may be experienced during peak or holiday times.
You acknowledge and agree that:

(a) the delivery charges listed on the groceryshop.com.au website are in addition to the cost of the order and you must agree to pay these delivery charges together any other additional charges which may be incurred in relation to the delivery of your order including, but not limited to, duty imports, value-added taxes or customs clearance charges;
(b) the estimated delivery time is an estimate only and is not an essential term of these Terms & Conditions;
(c) any delay in the delivery of an order does not entitle you to cancel the order or to a refund of your payment for the order; and
(d) Grocery Shop Pty Ltd is not liable for any delay in delivery, including delay caused by delayed payment by you, an incorrect address supplied by you or any other delays resulting from an event of Force Majeure.
(e) delivery charges to metro, rural and remote areas apply upon checkout and are in addition to the cost of the order. You must agree to pay the delivery charges based on the weight of your order and the address provided for delivery.
 
Return PolicyTop

Customer satisfaction is important to us, so please take the time to familiarise yourself with our returns and exchange policy.
All orders are professionally handled and packed to avoid any damage during delivery.

If you find that you receive an item that is damaged or cannot be used for its intended purpose, Grocery Shop Pty Ltd will offer to remedy the situation by way of a refund or replacement at your discretion if the problem is of a major nature. The Australian Competition and Consumer Commission defines a major problem occurring when the item:

• Has a problem that would have stopped someone from buying the item if they had known about it
• Is unsafe
• Is significantly different from the sample or description
• Doesn’t do what we said it would, or what you asked for and can’t be easily fixed.

If the problem with the item is not of a major nature as detailed above any refund or replacement will be at our discretion. Please note that under Australian Consumer laws, we are not obliged to give a refund or offer a replacement if you have simply changed your mind about a purchased item.
All returns are subject to the following conditions being met:

• In all circumstances, proof of purchase must be retained and provided when requested for us to consider refunds or replacements.
• We ask that you notify us by emailing info@groceryshop.com.au within 24 hours of delivery time if the item has been damaged or there is a problem with the item. Please include all details about the item, proof of purchase, and full details of the problem. We may request a photo of the item and its original packaging.
• Where we deem it possible that a refund or replacement may be necessary, we may ask for the item to be returned for our inspection. We will then issue you with a return authority. No item can be returned without an authority being issued. All shipping costs to return the item is to be paid by you and if your claim is successful we will reimburse capped shipping costs at standard Australia Post rates.
• Any authorised return must be received within 14 days of a return authority being issued.
• Goods must be returned in original packaging, unless we advise otherwise, securely wrapped and with the return authority attached.
• If upon inspection of the returned item we deem the cause of the problem to be due to fair wear and tear, misuse, failure to use the item as per manufacturer’s instructions, using the item in a way that it was never intended to be used for or you have failed to take reasonable we may reject any claim for item refund, item replacement or refund of shipping costs.
• Refunds, replacement or shipping refunds will not be considered until we receive the item when a return authority has been issued.

You acknowledge and agree that:

(a) if you do not comply with any aspect of the returns process specified as above, you will be deemed to have accepted delivery of the item and you will not be entitled to have your item repaired or replaced and you will not be entitled to a refund;
(b) the return of defective Goods will only be accepted by GS if the Goods are in the same packaging used to deliver the Goods to you and are in the same condition as when originally delivered to you;
(c) GS' acceptance of the return of defective Goods is not an acknowledgment of any fault by GS or of any breach of the Terms & Conditions by GS and is not an acceptance of or a granting of credit to you; and
(d) while GS uses all reasonable endeavours to ensure that the packaging used by its delivery agents prevents damage being caused to your items during delivery to you, GS is not liable for any damage caused during delivery and is entitled to refuse to replace or repair any such damaged Goods. You are able to purchase delivery insurance from the Website.